.

Western Outlaw

December 17, 2009

Harvey Logan a.k.a. “Kid Curry”

Filed under: Uncategorized — Mal @ 2:02 pm

THE LOGAN, HOUK, THORN- HILL LETTERS
By Wayne Kindred Copyright 2002
Harvey Logan, a.k.a. Kid Curry, Harvey Logan "Kid Curry"was incarcerated in the Knoxville, Tennessee, jail from December 15, 1901, until June 27, 1903. While this period of his life is well chronicled by contemporary newspaper reports and court records, recently discovered letters written by Logan, his attorney John C. Houk, and his friend Jim Thornhill give a behind-the-scenes look at Logan’s incarceration and some of the events that followed.

The chain of events that led to Logan’s arrest began on July 3, 1901, when Logan, Ben Kilpatrick, and O. C. Hanks robbed Great Northern Train No. 3 near Wagner, Montana. The robbery net- ted them about $45,000 in new, unsigned, Bank of Montana bills. Needing to exchange the stolen money for less recognizable bills, the robbers split up and began traveling around the country. Logan traveled through Texas, Mississippi, and Louisiana exchanging stolen bills for good money. In early December, his travels took him to Knoxville, Tennessee, where on the night of December 13, he got into a fight in a local saloon. When two policemen tried to arrest him, Logan shot both officers and escaped. Two days later, he was arrested and charged with felonious assault on the police officers.[1]

In addition to the state charges, Logan also faced possible federal charges for his part in the Montana train robbery. On December 19, he used money provided by friend and former ranching partner Jim Thornhill to hire Knoxville attorney Reuben L. Cates.[2] A few days later, he added Charles T. Cates Jr. and former Republican state senator John C. Houk to his legal team. Of the three, Houk was, by far, the most experienced trial lawyer. Neither Reuben Cates nor his cousin Charles practiced criminal law. However, their political influence more than made up for their lack of courtroom experience. As Knoxville city attorney and chairman of the election board, Reuben Cates had enormous influence over the elected office holders of Knox County. Charles Cates was a powerful political figure statewide, with close ties to Knox County Sheriff James Fox and Criminal Court Judge Joseph Sneed.

Fearing the federal authorities would try to bypass the state court and take control of Logan, his attorneys moved quickly to block efforts to return him to Montana. Using their political influence, they were able to stall Logan’s case in the state court. They delayed his first court appearance until February 11, 1902, and arranged for his case to be heard by Charles Cates’ political ally, Judge Joseph Sneed. When the federal authorities tried to serve warrants on Logan, Sneed made sure the case remained stalled by refusing to allow the warrants to be served and continuing Logan’s case until the next term of court.[3] Although Jim Thornhill had provided money for Logan’s defense, he remained in the background for the first few months. But on April 22, 1902, he wrote to Reuben Cates inquiring about Logan’s case.

How are you a getting long and what are chances of acquital and when does the trial come off and where and what kind of court will it be tried in. Write me all the news and have him to write and let me no if I can do any thing…

Jim Thornhill[4]
Thornhill’s relationship with Logan dated back to the early 1890s. Harvey and his older brother Henry (most often called Hank) came to Montana about 1884, and in 1886, they established a ranch on the headwaters of Rock Creek, south of the Little Rockies.[5] In early 1893, Hank became ill and left Montana; some sources say he contracted pneumonia and died at about that time. Soon after he left, Thornhill formed a partnership with Harvey and came to their ranch.

As he had anticipated, his second appearance before Judge Sneed resulted in another delay. The prosecution asked Sneed for permission to serve federal warrants on Logan. When the defense objected, Sneed again ruled in their favor and continued Logan’s case until the September term of court.[8] Logan remained beyond the reach of the federal court, but each delay came at a cost. As his primary benefactor, the burden of paying that cost rested on Jim Thornhill. Logan’s attorneys were constantly demanding money and by August 1902, their demands were beginning to annoy Thornhill. On August 15, he wrote directly to Logan explaining what had been done and pledging his continued support.

Landusky Mont 8/15/1902 Mr Charley Johnson[9] Dear Friend yours to hand contents noted. Will say (I) never received any letter asking for a thousand dollars… I received a letter from you a month or so a go saying you might want some more and wanted to no if I could do any thing for you… I wrote you in Ruben L. Cates letter that you knew just a bout what I had here and that it all went if necessary …but never heard any thing from you until last Friday night. The chances are that I made Ruben hot in my last letter and he diden show it to you if he received it… I was probly a little hard on the old man but I had been a way from home for some time and when I returned there was several letters there from your attorneys a speaking about their fees and the last one I opened was from Ruben to live.[6]

Harvey Logan fled the Little Rockies after killing Pike Landusky in December 1894, but he and Thornhill had remained close friends. On May 11, Logan wrote to Thornhill asking for financial help but cautioning his friend not to give more than he could afford.

May 11, 1902, Mr. James Thornhill Dear Sir in Reply to yours of 19…You Wanted to Know if you could Do any thing. You can Rite and let Me Know how you are Fixed for Ready Cash… if My case is put off this term of court i will want as Much as $1000 So you Rite and Let Me Know i dont ask you to cripple your Self for me — Nor dont want you to So i Will Close for this time…K-C

[7] Logan was in court again on June 3.
saying that (he) must have fees.

I was hot by that time and I wrote him to keep his shirt on as he was dealing with a man of principal and that you woulden promise him any thing but what you was shure he would get… it will take a week or ten days from now before I can start the 1000 down to you this time for it takes about that time to hear from the bank but you are as shure as you are…a living to get it… Jim T

[10]
While Logan waited for his trial date, Reuben and Charles Cates campaigned for political office. Their efforts paid off in the August election when Reuben Cates was elected attorney general for Knox County and Charles Cates was elected attorney general for the State of Tennessee. Sheriff Fox and Judge Sneed were also reelected in what, at first, looked like a big win for Logan.

But on September 5, Logan was hurriedly brought before Judge Sneed for an unscheduled hearing. Citing Reuben Cates’ conflict of interest as Knox County’s new attorney general, Sneed appointed Jerome Templeton as special prosecutor in the Logan case. Templeton immediately asked Sneed to turn Logan over to the federal authorities. In spite of an objection by the defense, Sneed reversed his previous rulings and allowed United States marshals to serve federal warrants on Logan charging him with forging, counterfeiting, and passing stolen bank notes. He continued Logan’s state case and ordered him held under the concurrent jurisdiction of the federal and state court.[11]

Logan felt that he had been betrayed. In an undated letter written in late 1903 or early 1904, he accused Charles Cates of selling out to the Great Northern Railroad Company.

Look at how the honerble Jos. Sneed handled the Johnson (Logan) case He refused to turn me over to the Fedral Court for 10 months Said i would hafto answer for state charges First- What was his idea for that… First, he knew if he turned me over Before the election manny a vote he would lose Second, for Hon. C. T. Cates Jr. so as he Cates could collect his fees from the G.N.R.R. Co. as all ought to know Jos. Sneed is anything C. T. Cates says— Cates uses Sneed as a tool…i payed Charles Cates J.R. and R. L Cates $1,000 Dollars to Defend Me in My Law suit and what did he Do Why he sold out and never came into the Court Room when I was on trial that isn’t all he Maid it a point to turn Me over to the federal athoreties.

[12]
Following the September hearing, Charles Cates withdrew from the Logan case. John Houk assumed the role of lead attorney, and E. F. Mynatt and L. C. Houk were hired to replace Cates. Reuben Cates continued to represent Logan, but a letter written by Logan in 1903 or 1904 shows that his remaining did not increase his stature in Logan’s eyes.

Mr editor they is one thing that i have never Been able to Decide in My own mind and that is this Which of the two is the Dirtyest Charles T. Cates JR the attorney general of Tenn or R. L. Cates the attorney general of Knox County- Charles T. Cates sold out to the G.N.R.R. Co. and quit me cold he quit trying to Rob Me all togeather— But Reuben stayed with Me—not with My Lawsuit But with my Pocket Book with the intention of Robbing Me and My Loyal Friends….

[13]
After more than eleven months of delays, Logan’s trial finally got underway in Judge C. D. Clark’s federal courtroom on November 17, 1902. On November 21, after hearing the testimony of thirty- four witnesses, the jury found Logan guilty on ten counts of forging, counter- feiting, and passing stolen bank notes. Judge Clark denied a defense motion for a new trial, and on November 29, he sentenced Logan to at least twenty years in the federal penitentiary at Columbus, Ohio. [14]

While Houk began an appeal to have the conviction overturned, Logan languished in his cell. For the first few months of his confinement, he had been kept on the second floor of the Knoxville jail with other prisoners. They shared a cellblock made up of two rows of cells connected by a wide, barred corridor. Prisoners were confined to their cells at night, but during the day, they were allowed the freedom of the corridor. But in April 1902, Logan staged a rebellion to protest conditions at the jail. Following his outburst, the other prisoners were removed from the second floor, and Logan was confined to a single cell. He often complained that the close confinement was damaging his health, and in late January 1903, Fox agreed to let him out of his cell. However, there was one condition, and it was one that Logan’s defiant nature and his dislike of Fox would not allow him to accept.[15] On January 30, he wrote to Houk explaining what had happened.

Jail 1-30-1903 Mr J. C. Houk Dear sir—The sheriff came in and asked for My Razzor and said he would turn Me out i told him he could not have it he said i could stay in My cell then— i told him all right that i would Before i would give him My Razzor i gave it to him once and i went 2 Months without shaving so you need not Bother any More about it But I wish you would try and fix it for Me to go to Nashville if you can…. Charles Johnson

[16]
Logan’s request to be transferred to the state prison in Nashville, Tennessee probably surprised Houk. The authorities had made several attempts to have Logan moved to a more secure facility. Each time, his attorneys had fought to keep him in Knoxville while his appeal was being heard. Apparently, Houk was able to convince him not to pursue a transfer because he was still in the Knoxville jail and still confined to his cell when he wrote to Houk again on May 13.

May 13 1903 Mr J. C. Houk i am still in sell and will be until some- thing is Brought to Bare on them which i am going to Bring will look after it after the 15— i am tired of this
Charles Johnson

[17]
It is not clear what action Logan planned to take, but Houk continued to pressure Sheriff Fox to give his client more freedom. He enlisted the help of several of Fox’s friends, including Charles Cates, and threatened to seek relief from the courts if Fox did not ease his restrictions. Finally, in late May, Fox gave in and allowed Logan the freedom of the cellblock.

The good news was soon overshadowed by disappointing news from the appeals court. On June 2, 1903, the United States Circuit Court of Appeals at Cincinnati, Ohio, upheld Logan’s conviction.[18] Their decision left him thirty days to either file an appeal before the United States Supreme Court or begin serving his sentence.

While Houk tried to obtain money to continue the appeal, Logan made other plans. On the afternoon of June 27, he overpowered guard Frank Irwin and gained possession of two revolvers. Next, he lured jailer Tom Bell to the second floor and forced him to unlock the cellblock. He then forced another jail employee to saddle a mare that Sheriff Fox kept stabled at the jail and rode out of Knoxville.[19] A posse of United States marshals and Pinkerton detectives trailed him for more than two weeks before losing his trail in the rugged mountains of North Carolina.

On July 2, Houk wrote to Thornhill informing him of Logan’s escape and making another plea for money.

July 2, 1903 J.T. — Harvey escaped. I think it is over and done. I am sure it is unless you send money. Please hurry on the one hundred and fifty dollars written about two or three weeks ago. Harvey expect- ed it to come & if he ever sees you will say so. John C. Houk

Little is known about Harvey Logan’s movements after he escaped from the Knoxville jail. But on June 7, 1904, three men robbed a Denver & Rio Grande train near Parachute, Colorado.[20] Two days later, a posse caught up with the robbers and during a gunfight, one robber was severely wounded. Members of the posse heard him tell his companions that he could not go on and would end it there. Moments later he placed his pistol to his head and took his own life.[21]

The body of the dead robber was taken to Glenwood Springs where it was first identified as J. H. Ross. But when Ross turned up alive and well in Pueblo, Colorado, the body was put on display in hopes that someone would identify it. After nearly a week, the still unidentified robber was buried in the Glenwood Springs cemetery.[22]

Photos of the dead robber were taken at Glenwood Springs, and they eventually came to the attention of the Pinkerton Detective Agency. They suspected that the man was Harvey Logan. On July 8, Pinkerton Assistant Superintendent Lowell Spence took the photos to Knoxville to try to confirm the identification. Sheriff Fox, Charles Cates, Reuben Cates, John Houk, and several others identified the man in the photo as Harvey Logan. [23]
On July 25, 1904, Houk sent one of the photos to Thornhill asking for his opinion and setting off another exchange of letters.

Dear Sir: Enclosed find picture of the man I believe to be Harvey Logan. What do you say? I can almost swear to his mouth and chin. It otherwise looks like him but mostly my judgment is based on the parts named…Let me hear from you. John C. Houk

[24]
Thornhill admitted that the man resembled Logan, but he did not believe that his friend would have taken his own life.[25]

Aug. 9, 1904
Dear sir
course of time that he did “pass over the divide.” I am curious to know what Logan did with the saddle he rode off and if you ever find out any thing about this matter or any other details of his escape please let me hear from you… If you have any good rea- son to believe Logan lives please let me know..Yours to hand contents noted don’t think that friend is dead although the picture favors him greatly. he woulden have shot himself as long as there was any body else to shoot and that possie was coming up from the rear and if he was able to shoot him self he could have shot one or more of them and had company over the divide…. And he knows that it will be a great pleasure to me to know that he (had) taken all of them with him… the more the better. I think that it was some body that was trying to imitate Tracy and our friend dont try to imitate any body… Jim Thornhill

[26]
Houk was still convinced that Logan was dead, but in his next letter, he turned to the subject of Logan’s escape.

Aug. 22, 1904. Dear Sir:
You letter received and in reply I will state that I think you are mistaken in thinking, that Logan still lives. I have no doubt in the world that he is dead…The people here do not want to believe that Logan is dead but I think you will be convinced. John C. Houk

[27]
Houk’ s curiosity about the saddle stemmed from the fact that the authorities had never been able to learn what Logan did with the saddle he used in his escape from the jail in Knoxville. On the morning following his escape, the sheriff’s mare was found near the Atlanta, Knoxville & Northern Railroad Bridge in South Knoxville, but the saddle was missing. That led some to believe that Logan had obtained another horse. When no one reported a horse being stolen, the authorities offered a reward for the saddle hoping it would lead them to Logan. In spite of their efforts, the whereabouts of the saddle remained a mystery until Thornhill wrote to Houk again on August 20, 1905.

Landusky Mont 8/20/05 Hon John C. Houk Dear sir as a agreement between you and me— I will tell you what became of that saddle…It was throwed off of railroad bridge (A.K.&N.) in your town on lower
side and about the center of bridge… Jim Thornhill

[28]
If Thornhill had any reason to believe that Logan still lived, he did not share it with Houk in this letter. However, the fact that he knew what Logan did with the saddle shows that he had been in contact with Logan at some point after his escape. The question then is this: did the contact take place before or after June 7, 1904? The most intriguing possibility is that it took place after that date, and the man buried in the Glenwood Springs cemetery is not Harvey Logan. Perhaps other letters will be found in the future that will shed more light on this subject.

Endnotes
1. The Knoxville Sentinel, December 16, 1901. See also “Capturing A Train Robber,” Wayne Kindred, WOLA Journal, Fall/Winter 1996. 2. An August 15, 1902, letter from Jim Thornhill to Harvey Logan indicates that Thornhill provided this money. John C. Houk Papers, McClung Historical Collection, Knoxville, Tennessee.
3. The Knoxville Sentinel, February 11, 1902. 4. Jim Thornhill to Reuben L. Cates, April 22, 1902, McClung Historical Collection. 5. John B. Ritch, “Kid Curry, Bad Man,” The Great Falls Tribune , June 21, 1936.
6. Ibid. 7. Harvey Logan to Jim Thornhill, May 11, 1902, McClung Historical Collection. 8. The Knoxville Sentinel, June 3, 1902. 9. Logan used the alias Charles Johnson while he was in Knoxville. In the Houk and Thornhill letters, he is referred to as Johnson and Logan. 10. Jim Thornhill to Charles Johnson (Harvey Logan), August 15, 1902, McClung Historical Collection. 11. The Knoxville Journal & Tribune, September 6, 1902.
12. Logan wrote a series of letters to the editor of a Knoxville newspaper in late 1903 or early 1904. The letters were apparently never mailed, and they eventually came into the possession of the Montana Historical Society. Harvey Logan Papers, Small Collection 2063, Montana Historical Society Archives.
13. Harvey Logan Papers, Montana Historical Society Archives. 14. Case No. 1187, United States vs. Harvey Logan, Federal Records Center, East Point, GA. 15. During the final months of Logan’s incarcera- tion, the relationship between Logan and Fox was often stormy. According to newspaper reports, Logan often expressed a desire to kill Fox before he left Knoxville.
16. Charles Johnson (Harvey Logan) to John C. Houk, January 30, 1903, McClung Historical Collection. 17. Charles Johnson (Harvey Logan) to J. C. Houk, May 13, 1903, McClung Historical Collection.
18. Case No. 1187, United States vs. Harvey Logan, Federal Records Center. 19. The Knoxville Journal & Tribune, June 28, 1903. See also “Kid Curry—The Missing Months,” Wayne Kindred, WOLA Journal, Fall/Winter 1997. 20. The Rifle Citizen Telegraph, June 10, 1904, in Emma Walling, The Parachute Train Robbery, Snowmass, CO, 1966.
21. The Glenwood Post, June 11, 1904, in Walling. 22. The Glenwood Post , June 18, 1904, in Walling. 23. The Knoxville Journal & Tribune, July 9, 1904. On July 16, the Pinkertons had the body exhumed. Although it was badly decomposed, Lowell Spence, who was well acquainted with Harvey Logan, iden- tified the body as Logan. Denver and Rio Grand Detective R. Brunazzi and W. S. Canada of the Northern Pacific, who were also present, disagreed. See also “New Revelations About Harvey Logan Following The Parachute Train Robbery,” Daniel Buck, WOLA Journal, Spring 1997.
24. John C. Houk to Jim Thornhill, July 25, 1904, Montana Historical Society Archives. 25. Thornhill was referring to outlaw Harry Tracy who committed suicide under similar circumstances in 1902.
26. Jim Thornhill to John C. Houk, August 9,
1904, McClung Historical Collection. 27. John C. Houk to Jim Thornhill, August 22, 1904, Montana Historical Society Archives. 28. Jim Thornhill to John C. Houk, August 20, 1905, McClung Historical Collection.
About the Author Wayne Kindred has been researching Harvey Logan and the Wild Bunch since 1985. His articles have appeared in TrueWest, Old West, The WOLA Journal, and NOLA Quarterly. He makes his home in Rockwood, Tennessee.

An Interview with TJ Stiles, Author of “Jesse James, the Rebel of the Civil War”

Filed under: Uncategorized — Mal @ 10:19 am

When

Jesse James Gang

Jesse James Gang

TJ Stiles was growing up in Minnesota, his father showed him an old photo of the body of Bill Stiles, who was killed during the James-Younger Gang’s 1876 raid on Northfield. The outlaw was no relation to the youngster, but the photo whetted his appetite to know more about Jesse James and his compatriots. Stiles later attended college in Northfield, which only served to increase his interest in the gang.

Ultimately, that interest resulted in Jesse James, the Last Rebel of the Civil War, published by Knopf. Several other books on the James Gang have come out in the last couple of years. Mark Boardman asked Stiles what makes his effort different from the others.

STILES: Most of them have been fairly narrowly focused on the events of their lives in trying to find out more facts and more details. Of course I wanted to do that also, I wanted to present an accurate picture of what they did. However, the purpose of my book was really to understand them. Obviously Jesse James is my special focus, and I wanted to explain Jesse James–why he became so famous, why he stands head and shoulders above so many other American criminals from that time, why he is so well known, and to show that he was, in fact, much more than a criminal. So the purpose of my book is, while I do my best to accurately reconstruct events, and to look at his life and get the details right, the larger purpose is to look at him in the context of his times and really explain him.

BOARDMAN: In fact, much of what your book is about is laying the case that Jesse James, as you said, was much more than just an outlaw, but in fact was a terrorist. Now that’s kind of a loaded term nowadays. Maybe you could tell us just exactly what you mean by that.

STILES: Well, a couple of warnings right off the bat. One is that, as I put in an end note to my prologue, I wrote the book before September 11, and it is in absolutely no way an attempt to connect Jesse James with the events that we have so recently witnessed. I’m not saying that he is like a modern day terrorist or like Osama Bin Laden. Some of the reviews I’ve gotten, though, have been very positive and have actually gone overboard in saying that I call him a 19th century Osama Bin Laden. But no, I mean he was definitely a criminal. But I say he was a forerunner of the modern terrorist, because he used violence and the notoriety and attention he got from his violence to help promote a political cause which fits into most accepted definitions of terrorism. He did not function like say Osama Bin Laden or the Red Brigades or something attacking symbolic targets, trying to inflict pain for its own sake in many cases. He was definitely trying to make some easy money; he was definitely a violent man who enjoyed robbing, enjoyed the excitement of the life he led. But what set him apart from so many other criminals of his time is that he used the fame, he used the notoriety he got from that to promote the cause of former Confederates.

BOARDMAN: Now I think we ought to be clear, he didn’t represent all of the former Confederates, but one particular aspect of that large group, right?

STILES: That’s right. My book comes as a surprise to people who have read a lot about Jesse James and the James-Younger Gang because I spent a great deal of time looking at his historical context. Out of basically 400 pages of narrative text, the first 100 pages Jesse James himself is not an actor in this book. He hasn’t been born yet, or he is a child. But what I do is look at how to really understand this larger role he played. I take a fresh look at what happened in Missouri, what his family was going through, what their society was like, and how the politics got to the point so that when the Civil War broke out people ended up turning against their own neighbors. After the war, Missouri was divided into three political groups basically; you had the former Confederates, you had conservative Unionists who became the Unionist wing of the Democratic Party, and you had Radical Unionists who became the Republican Party after the war. And even within the Confederates group, there were a lot of Confederates who did not condone Jesse James’ behavior or his attempts to depict himself as a hero to all Confederates. Once the former Confederates got the vote back in Clay County, Jesse James’ home county, each of the sheriffs who chased after him, once the Confederates were able to vote in the elections, were former Confederates. So it’s important to note that he wasn’t a hero to all Confederates. However when you look at who his supporters were, all of his supporters were Confederates, that was the base of his support.

BOARDMAN: We should mention that in terms of his grooming, if you will, for this position, he entered into the fight of the Civil War itself somewhat late in the battle, but he was still young and he rode with some of the toughest Confederate guerrillas around.

STILES: Yes, that’s right. And it’s interesting to note that the people he rode with were just self-organized groups of Confederates. Except for during General Price’s raid in 1864, and except during their winters when many of them would go to Texas, they did not respond to the Confederate chain of command. They would organize themselves, they followed the men who had the greatest leadership potential among them, and they were completely spontaneously organized groups. On the other hand, they saw themselves as Confederates and they gave themselves Confederate ranks, and they believed in the larger Confederate cause. But what that meant in Missouri is that it came down to a battle against their neighbors. The Union forces were local men who organized into militia forces, and the Confederate forces were local men who organized themselves into Confederate guerrilla organizations. So the war was incredibly vicious. Fletch Taylor, who was the first guerrilla commander Jesse rode with, declared his purpose in a letter to the Liberty Tribune in 1864, saying that he was going to stay in Clay County until the radicals all left that county. Now that’s a flatly political statement of his aims; he aimed to drive out the radical unionist civilians of Clay County. It’s really remarkable; you don’t see that sort of thing elsewhere in the Civil War. You didn’t see Lee invading Pennsylvania and saying I’m going to stay here until all the Republicans leave. But in Missouri, since people were fighting their neighbors, it was a war to remake the state politically at the grassroots.

BOARDMAN: One element of that was inflicting terror on one side or another. In fact I think you mentioned in the book how some of the men that Jesse rode with, maybe even Jesse himself, took scalps of their enemies.

STILES: I try to make clear that warfare was terribly savage on both sides. The Union forces would just shoot men on suspicion without trial, and they raided homes and treated civilians shabbily at best. Of course many of those civilians were their own neighbors. Jesse James himself famously was beaten by a militia when they raided his farmhouse in 1863, and his stepfather was hung, as is well known. However, the Confederate guerrillas seemed to have gone farther than anyone else. Fletch Taylor’s group, and especially bloody Bill Anderson’s group which Jesse rode with–and wrote about proudly of himself as being one of Anderson’s best men–they dismembered enemy dead, they took scalps, they tied the scalps to their saddles and to their bridles and they took great pride in the horror and terror they inflicted on the Unionists.

BOARDMAN: Certainly much more savage than anything I think this country’s ever seen otherwise.

STILES: Well, not necessarily. One thing that I note in the book is that the United States, if you go back to the Colonial period, it’s seen some really horrific atrocities. If you look at the year that Jesse James was riding with the Confederate guerrillas, 1864, you have a number of events very close in time to his guerrilla career. You have the Sand Creek massacre in which southern Cheyenne women and children were killed and their bodies were mutilated by Colorado cavalrymen. You have the Sioux uprising in Minnesota in which both the Dakota warriors and also the US troops who responded against them committed horrible atrocities, killing noncombatants. During Reconstruction you have all kinds of atrocities committed against the freed slaves. There’s also the New York City Draft Riots in which white crowds attacked black civilians in New York City in 1863. But all of these atrocities are racial incidents. What is surprising in Missouri is that these atrocities are between people who are not only of the same race but of basically the same religion, basically the same ethnic background. You have slaveholders on both sides, you have people of the same birthplace who lived in the same communities, and yet you have these atrocities taking place between people who are as closely identified as you can get. And it really shows how savage the war had gotten. It’s very easy for historians to say, writers to say, “Well they just became savage fiends.” But I think that the sociological and psychological element of them becoming such hardened killers–and such brutal killers–comes out of the fact that this was a very deeply felt war, and that people started fighting because they really believed in something. They’d become so polarized that they couldn’t tolerate people who had the opposite view. It was a very ideological war, a very political war.

BOARDMAN: And for some, especially on the Confederate side, the war didn’t end at Appomattox; in fact, that was sort of a new beginning for a different kind of warfare. I think you pointed that out in the book in particular with Jesse and Frank and some of their cohorts.

STILES: That’s right. And that’s where we can start to draw the distinction between Jesse James from people such as Billy the Kid. Missouri was a Western state, it was not a frontier state. It hadn’t been for years before his birth. You look at Billy the Kid, you look at the Lincoln County War, and you have this sparsely settled territory with political wire-pullers and you have the sort of conditions that are authentic frontier conditions. And that created Billy the Kid and other gunmen like him. Look at Jesse James’ life and you see that the context that he really belongs to is not the frontier but it’s this vast context of violence across the South. In much of the South the Civil War ended, but the struggle continued–but it was a struggle over what sort of society the South would have after Emancipation, what sort of political structure would exist, and you had a lot of violence directed against Unionists, against freed slaves. You had a lot of tremendous political violence that gave rise to the Ku Klux Klan and other groups. Missouri was a border state, so the violence after the Civil War was through its own peculiar version of it, just like the Civil War itself, was its own peculiar version of the Civil War. You had a state unlike, say, Mississippi where you had a state with less than 10% of the population that was black and the two-thirds to three-quarters of the white population were Unionists. So instead of it being this simply drawn racial struggle, you have a political battle–and people like Jesse James, these Confederate guerrillas that started their careers of outlawry after the war in a very political context. The first daylight peacetime armed bank robbery in American history was of the Clay County Savings Association in Liberty in 1866. I looked at who the officers and owners of the bank were, and I compared them with men who had been appointed by the radical governor under the Ouster Ordinance, which required the governor to appoint new officials at every level of government. They were the local leading radical Republicans, the men who were the county officials in Clay County, men who were the organizers of the Republican Party, as the Radical Party became. Those are the men who owned the Clay County Savings Association, and the robbery took place less than two weeks after the first Republican rally in Clay County’s history, there in the town of Liberty, led by these same men. And that robbery began a year of violence in which people were writing to the military and writing to federal officials saying, “We’re on the verge of a second Civil War here.” Former Confederate guerrillas were directly confronting the state officials, directly confronting the voter registration officials, they were attacking local Radical Republicans–and being attacked in turn. That’s the context that explains how banditry rose in Missouri, this non-frontier state.

BOARDMAN: So it’s not, I guess what the legend tells us about folks like Jesse James, that he was striking out in maybe a class warfare against the people with wealth and power and control, but in fact it was more of an attack on political targets, whether they be institutions or the people themselves.

STILES: That’s right. And throughout his career he engaged in a lot of banditry for it’s own sake. But when you look at Jesse and Frank James, and when you look at the Youngers, who were they? They were men who were raised in slave-owning families. They were the wealthiest portion of their community. They were not poor dirt farmers who resented these rich and powerful outsiders. They were the insiders. They were from the families that had been the most prosperous, the most commercial farmers in their communities. Somebody who wants to just read about the robberies may be a little confused by this, but I spent a great deal of time explaining Jesse James’ family and the fact that they were commercial hemp and tobacco farmers, that they were very wealthy, that they had a larger than average number of slaves for their county. That explains how they fit into society because it shows that Jesse James was not striking back against his foes out of some kind of resentment over economics. It’s just not true. He, if anything, he was from a family that had always been a part of the ruling group, the most prominent, most respected group in his community, and so what they were doing is they were engaging in banditry, sometimes attacking their foes directly, sometimes simply refusing to give up their arms, refusing to follow the rules. But 1866 was this very political year. There’s been very little evidence that Jesse James and Frank James took direct part in any robberies before 1868 with the Russellville Raid in Kentucky. However, I found reason to believe that they probably were active before 1868. The end of 1866, however, the group they were with occupied the town of Lexington on election day, which led to this confrontation with the state militia, and it also led to the death of Archie Clement, who had been the leader of the survivors of Bloody Bill Anderson’s group. And that then also followed the well-organized counterattack organized by Thomas Fletcher, the radical governor of Missouri. The gang started to fall apart, and their political roles started to fall apart also, and it became more just general banditry. It is only when Jesse James himself emerges as the leading bandit that the gang starts to take on a political role again, and his alliance with John Newman Edwards gives him a forum to write about politics and to attack his enemies in print.

BOARDMAN: And that brings up perhaps the two most towering figures that seem to influence not only Jesse the person, but Jesse the legend and myth. One of those is the former Confederate officer that you mentioned, John Newman Edwards, who became a journalist, and the other was his mother.

STILES: Yes, that’s right.

BOARDMAN: Can you tell us a little about each of them?

STILES: Well, Jesse’s mother is really, with the exception of Frank, is really kind of the main figure, apart from Jesse James, in my book. Her personality just stunned everybody who met her. She was so outspoken, so domineering. She was physically large. She was described as 6 feet tall by many observers. So no matter what her actual height was, she was an intimidating figure. And at a time when femininity was highly valued, when the vision of women being very meek and demure was what was prized in American society, she was completely unlike that. She had a ferocious tongue. She was described by the Union provost marshal during the Civil War in a report on the secessionists of Clay County as one of the worst women in this state. And George Caleb Bingham, the Adjutant General of the state, describes her as a woman of masculine will and intelligence. So she really influenced and intimidated a lot of people. But she wasn’t just simply a “harpy” who was lashing out at everyone. She was very firm in her political beliefs. She was determinedly a Southerner and a Confederate from the very beginning of the Civil War. I found a newspaper report, an interview with her in 1876 during the climatic election that led to the downfall of reconstruction, and the reporter asked her about her opinions on politics. Of course women couldn’t vote at the time, and she went through and she gave very distinct opinions about the candidates at each level of office, about Philden who was running for the presidency on the Democratic ticket, on the Republican and Democratic candidates for governor. This was a woman who really thought about politics, and had very firm, fierce Confederate opinions. So she was obviously a very strong influence on Jesse, who was very political himself. And she also supported her boys continually. During the Civil War, the same Union provost marshal said that he had heard her declare that she was proud of her boys during their worst guerrilla atrocities, and that she prayed to God that He would protect them in their work. Later on she would repeatedly approach reporters and newspapers editors and give interviews in which she would declare how proud she was of her boys, and then also gave fraudulent alibis to explain that they couldn’t possibly be guilty of what they were accused of. So she was a ferocious figure, and it’s very interesting that Jesse James, when he finally married, married a women who was his first cousin and named after his own mother. That, of course, could be just coincidental. But it’s a rather curious fact, which whether it was intentional or not, seems to reflect how important his mother was in his life.

BOARDMAN: The other person that we mentioned was John Newman Edwards, who at the end of the Civil War didn’t give up immediately, but when he did come back to Missouri, he became an influential journalist and supporter of Jesse and Frank.

STILES: That’s right. And as I note in the book, often the way that people write about John Newman Edwards, they describe him as the man who created Jesse James’ mythical image through his newspapers. He started off as a new paper editor specifically by founding the Kansas City Times. Later he became an editor of the St. Louis Dispatch, ancestor of the Post Dispatch, and of the St. Louis Times later on. Now I note, however, that the relationship between Jesse and Edwards appears to have been partnership, not puppetry, that Jesse James wasn’t simply a guy who was out there doing his stuff and that Edwards wrote about him and created his public image. There are Jesse’s letters to the press, which initially appeared only in Edwards’ newspapers. But later on Jesse started writing letters which, you never know with 100% certainty that they are his, but that they’re very likely to be his, to newspapers to Nashville. He would later write letters saying things about people who were personal friends of Edwards showing that Jesse himself was, as his brother-in-law declared after his death, was a compulsive letter writer, and somebody who constantly wanted attention, and at the same time someone who was very political. So Jesse wasn’t just his puppet. On the other hand, Jesse James, his political strategy, his publicity strategy was really created, it appears, by John Newman Edwards. Here’s a man who came back from exile in Mexico where he went rather than surrendering after the Union victory, and saw a state where Confederates were barred from politics, a state where the vast majority of people were Unionists–and he set about trying to create a Confederate identity for the state. Even before Confederates could vote, he used the newspaper to talk about the righteousness of the cause, to glorifying Missouri’s Southerness. He would talk about how Missourians, real Missourians in their heart of hearts, were Confederates. And it’s interesting, one of those coincidences in history, that Jesse James appears to have befriended John Newman Edwards at the very moment when Confederates were allowed to vote again. And all of a sudden there was a political role for Jesse to play in mobilizing the Confederate vote. So there followed this remarkable series of coordinated letters from Jesse with editorials by Edwards, that catapulted Jesse James, in particular, out of all the outlaws. into the center of Missouri politics. And without Jesse, John Newman Edwards probably would not have become the leading newspaper editor he was in Missouri. And without Edwards, Jesse James would not have become this very specifically political hero to former Confederates. It was a really remarkable partnership that developed.

BOARDMAN: Sort of a symbiotic relationship, I guess.

STILES: Yeah, very much so.

BOARDMAN: Well as the 1870′s went by and we got to the middle part of that decade, you say in the book that Jesse and John Newman Edwards basically accomplished what they set out to do. How do you mean that?

STILES: Well, you know, one thing I note is that Jesse was far from the sole cause of this, what happened in Missouri. But his success was in part due to, when you look at the strategy, we start off by looking at their strategy. I use the psychological term “cognitive dissonance,” when you believe in two contradictory things at the same time. Edwards and Jesse James promoted this image of Jesse as a martyr to the radical Republicans who had ruled Missouri after the Civil War, and who they claimed wouldn’t leave him alone, persecuted him and tried to hunt him down and kill him or capture him, and that he was innocent of all of these crimes he was accused of. So they saw him as this martyr to radical vindictiveness. At the same time, Edwards put the discussion of Jesse in the context of praising whoever it was who carried out these robberies and talking about how former bushwhackers were the bravest men and they refused to give up their self-respect or their guns, and that they defied society and they defied this corrupt radical regime that had been put in power by the Union victory. And so the people who supported Jesse, who were mostly former Confederates, simultaneously believed that he was innocent and a victim and a martyr, and they also believed that he was guilty and they were proud of him for it. Sort of a strange dual belief that they had about him. And it also fed into this image held by the conservative Unionists, the Unionist Democrats. They also resented what was going on in the country. They believed in the Union, but they had wanted to keep the old slave-owning society. They did not believe in the goals of the radical Republicans who wanted to bring freed slaves into some kind of equality. The radicals weren’t modern day egalitarians, although they wanted to give freedmen the vote, they wanted to bring them into society in some way and remove the restrictions on them. Tthe Unionist Democrats didn’t want that. They wanted the Union as it was. And so this image that they created of Jesse James reflected their own discontent with the radical Republicans–in Congress especially. What happened was that when the Pinkertons got involved and they invaded western Missouri, as the Confederates saw it, and especially when they launched a raid on the Samuel home, Jesse James’ mother’s home, that led to the death of his half-brother and his mother’s arm being amputated, it sort of vindicated all these things that Jesse James had been saying about himself and that John Edwards had been saying about him, that these Yankees were invading Missouri, and that fit into this larger reaction against Reconstruction, against the attempt to impose civil rights on unwilling Confederates in the South. Once the South was defeated, the enemy stopped being so much former Confederates as it became sort of Radical Republican vision of society. And Jesse James’ own story and his propaganda fit into that, so it was kind of a combination of forces that helped make Missouri a more Confederate state than it had been during the Civil War itself.

BOARDMAN: And by 1876 the Radical Rrepublicans were basically out and the Democrats were back in.

STILES: That’s right. In 1876 there was this climactic election. It’s almost impossible for us to imagine now what the atmosphere was like. This is a society with, no movies, no television. Politics was not only something people believed in, it was their social lives. People went to political rallies and they spent all day listening to four-hour speeches, and that was fun. So people were very political. And you had this great revolution: four million people had gone from slavery to freedom, and there was this racial conflict and this political conflict, and the whole shape of what America was going to be like was, it was literally a revolution. And 1876 was the final election, kind of a final referendum on what was going to happen in the South, and whether Congress would be able to force the white South to accept the black South as political equals, or whether they would let the white South do what it wanted to in the South. And this affected people all across the country. The former Confederates really rose to primacy in Missouri. Jesse James himself had moved to Nashville, and he was thinking of himself as a Southerner. He had been writing letters to the newspapers in Nashville saying that he had fought for the South, to defend it from Northern tyranny.. He was really thinking of himself in more than just a Missouri context. And so 1876 was a climactic year. People were going to rallies, and there were these vicious political speeches going on. One speaker for the Republicans was pointing out that every man who shot at a Union soldier was a Democrat. It was that kind of bitterness. And that was the year the gang went to Northfield. Now I think they went to Northfield to make money. They wanted to carry out a robbery and get some cash. But they specifically selected Northfield because one of the leading Radical Republicans from the South, a man who had just been kicked out of Mississippi where he had been the Reconstruction governor, Adelbert Ames, had moved to Northfield just a couple of months before. He hadn’t been there for very long, and he wasn’t famous locally. But that’s where the bandits went in the midst of this very political atmosphere, to rob one of the most determined spokesmen for black civil rights and for Reconstruction of the South. They thought if they were going to rob somebody, that’s who they would rob. And I found a statement which most writers, I can’t claim all because I’m not sure that it’s all, most writers have overlooked. In the Minneapolis Tribune, immediately after the capture of the Youngers, Bob Younger said, “We went to Northfield because we heard that ex-governor Ames of Mississippi had money there and one of the boys had a spite against him. And so that’s the bank we picked to rob”. Cole Younger in 1897, in his first written account of the robbery, denied that they had tried to rob a bank in Mankato and had been frightened away. He said that they talked about banks all over the place, but they had decided ahead of time to rob Northfield because of Ames and also his father-in-law–he was connected, of course, to Benjamin Butler, who was a former Union general and a leading Radical Republican in Congress. But interestingly, it was Ames only who was mentioned by Bob Younger in 1876.

BOARDMAN: It’s interesting then that 1876 is a watershed year for Jesse James because from a political standpoint, it’s probably the most successful year of his life. But from the standpoint of his gang, which gets shot to pieces in Northfield with only Frank and Jesse getting away relatively unscathed, it’s one of his greatest defeats.

STILES: That’s correct. And it’s one of those things that gives the story, and I can’t claim credit for it, but it gives my book such narrative force, a dramatic force. For example in 1870, when Jesse James’ name became well known in Missouri because of the Gallitan Robbery and the murder of John W. Sheets, it’s a coincidence that former Confederates are allowed to vote that year. But it serves Jesse’s purpose, and he takes on this political role. 1876 is this great climactic year in American history. It’s almost as important as 1865, with Appomattox and the defeat of the South. And it’s also the climax of his career, the James-Younger Gang’s career when they’re defeated at Northfield. It’s one of those remarkable coincidences that gives the story this dramatic force. But it also helps explain why, when Jesse came back three years later and started the second gang, why it was such a short-lived career, why he couldn’t keep it together and keep it going. Tthere was no longer a political role for him to play afterward. Some readers don’t really care about the politics and may wonder why it matters. I think it’s very important because if you want to understand Jesse, you have to understand the politics that he thought about and wrote about and tried to play a part in. But it also explains why the state of Missouri was able to finally bring him down after less than three years of the second act in his bandit career. He didn’t have a public role to play anymore. The politics that he had written about and that shaped the public image of him were over; former Confederates had won. The Democrats had triumphed in Missouri and they had sent two former Confederates to the US Senate. The state constitution had been rewritten by former Confederates. The situation had completely changed and Jesse outlived his usefulness.

BOARDMAN: We can add in the fact that after Northfield, when he lost so many compatriots that he had known for years dating back to the Civil War, after that it seemed like he was forced to take in people who had not had that really tough, vicious, violent background. He had to bring in novices and train them in the way of doing things, and that wasn’t really successful.

STILES: Yes, I think that’s right. And it’s interesting that the Governor Crittenden of Missouri noted, I think it was in his memoirs, that he wanted to offer a large reward for the outlaws because since money was their object in the first place, an even larger offer of money would divide them against each other. Well, that wouldn’t have been true, that wouldn’t have worked during the main period of Jesse James’ and the James-Younger Gang’s existence. Here were these guys who were held together by this loyalty that had been forged during the Civil War, by their sense of being Confederates pitted against the Radical Unionists. The second group was just young men who were sort of attracted to the gangster glamour that Jesse had, who were just attracted by the money and the excitement. And what happened? They started to disintegrate. They started to turn against each other. Jesse himself seemed to have felt this. He became increasingly paranoid. He wanted to kill Jim Cummins. He actually did end up killing one of his gang members, Ed Miller, the brother of Clell Miller. The gang turned against each other and the whole thing fell apart. And again I think it’s because with this greater distance from the Civil War, with no sense of their having a cause, the fact that they were young men who didn’t have that bond of loyalty that the former Confederate guerrillas had, there was nothing keeping them together except money. So it’s not surprising that the gang fell apart as it did.

BOARDMAN: And when big money was offered for the head of Jesse James, a couple of the relatively new recruits, Bob and Charlie Ford, who didn’t have that longstanding traditional respect and comradeship with the gang, thought, “Well, this is the easier way to get some money.”

STILES: Yeah, exactly. Frank James later said that he never really trusted Bob Ford, that Jesse never really trusted Bob Ford–and for good reason because Bob claimed that from the very beginning he planned to bring Jesse down for the reward.

BOARDMAN: And they earned that on April 3, 1882 when Jesse was standing up on a stool and was dusting off the top of a picture, and Bob shot him behind the ear.

STILES: That’s correct. And one of the little minor controversies is, what was Jesse doing with his guns off? The Ford brothers gave a lot of interviews that day and the next day. In one of the accounts they said that it was an unusually hot day for April, and that Jesse and Charlie had gone out to curry the horses that morning. Jesse had commented that it was hot and took off his coat, and said, “Well, when I go back outside again, somebody might see my pistols on me, I might get some attention.” So he unbuckled his belt and took his revolvers off. And that’s what they had been waiting for. I think it was Bob Ford who said that they wouldn’t take a chance on Jesse James as long as he had his weapons on him. And the moment he had them off, that’s when they shot him.

BOARDMAN: And that’s when the legend of Jesse James really started going forward. The story was covered in newspapers across the world, as a matter of fact.

STILES: That’s right.

BOARDMAN: And John Newman Edwards, who was fading in terms of his influence, wrote some articles in a last attempt to build up Jesse as being the poor martyr who had died for his cause and had died for his people.

STILES: That’s right. Now he really had a remarkable career. It’s just astonishing that he was alive and free and carrying out these high-profile robberies as long as he did. And so naturally that attracts our attention now. When I wrote my book, I reconstructed the events. I paid a lot of attention to the famous robberies. I give the version that I think makes the most sense and then I explain my reasoning in my end notes and sources. I realize that people can disagree with me on specific events because I’m doing my best to reconstruct them. I’m not going to make the reader fight his way through all of the evidence in the narrative. I paid due attention to the exciting events that get our attention. But as much as his life is so dramatic and exciting, why is it that Jesse James out of all of the James-Younger Gang who stands out? Why is it Jesse James of all the criminals of that time who stands out? The reason is that Jesse James, of all the outlaws, was the one who demanded this this political role, who sought out attention. He was a continual self-promoter. And he continually wrote about politics and his own martyrdom, and he made this alliance with John Newman Edwards. Edwards wrote about all the outlaws, but he far and away gave primacy to Jesse James. So when it comes to the actual robberies, Jesse was clearing a leading figure, but I never say that he was THE leader. However, when it comes to everything that made him famous and made the James-Younger Gang famous, Jesse is clearly the one who stands out. He is the one who wanted attention, who talked about politics. He’s the one who drew the public eye, and that’s why my book is about Jesse specifically. However, at the end of his life he did become just a criminal. Jesse James outlived the things that made him a public figure in the first place. So by the time he was brought down, he had paved the way for his own non-political mythical status with his second bandit career. There’s no politics surrounding the second act in his bandit life. He was just a bandit. That’s all there was to it. And that colors the way we remember him now. We remember Jesse James as the guy who was shot by the coward Robert Ford. We don’t remember him as the man who attacked Radical Republicans in his letters to the press, who talked about how he was a man who fought for the South and defended it from Northern tyranny. Jesse James himself inadvertently is responsible for the way we remember him in the sort of mythic non-political way. But he’s responsible because he just couldn’t take it anymore, he just couldn’t live peacefully, he had to return to a bandit life. His personality in the end won out, and propelled him sort of inexorably toward his doom.

BOARDMAN: Outside of your book and perhaps a handful of others, a lot of what has been handed down either in print, on the screen big and small, for the last 120 years, has been basically Jesse, the social bandit, who again was trying to fight the powers of corruption and big money, and who ostensibly gave some of the proceeds to the poor, his helpless friends and neighbors. To that extent, did Jesse and John Newman Edwards succeed in creating an image that was not factual but did fit their plans?

STILES: Well, yes I think so. Jesse and John Newman Edwards were clearly aware of the fact that there was indeed agrarian resentment of the railroads, and that there was this sort of farmers’ movement, the Grangers in particular, who were starting to arrive during the 1870′s. In the mid-1870′s the Grangers just took off in Missouri and other states in that region. During a couple of their robberies, especially the first train robbery in Iowa in 1873, the bandits actually declared to the passengers that they were Grangers. So they used that, but they tried to turn even that toward politics. But there’s two sides of this. One is trying to play a role in the politics, trying to influence people in how they think of themselves, thought of themselves as Southerners, how they thought about the political situation. But one of the methods they used was to promote Jesse, himself, as this heroic, charming, beleaguered fellow–and Jesse was very good at playing to a crowd. He was very good during his train robberies especially, whenever he had a literally captive audience. He would declaim to them, he would speak to them, he would make jokes and make little acts of kindness. He was a very charming fellow and he used that very effectively. That side of it has survived. One of the things I do in my book, which I haven’t seen done elsewhere, is I’ve methodically examined, for example, the train robberies and who they were robbing. A lot of historians have called Jesse James a social bandit because, well we know that railroads were unpopular and he was robbing railroads. One of the things I do in my book is I methodically exam who he was really robbing. The railroad corporations didn’t lose any money in train robberies. The bandits specifically robbed express companies, completely separate institutions that contracted with railroad companies to ship their cash in the baggage cars on trains. The railroads would post a ritual reward, but they really took very little interest in catching Jesse James. The express companies were the ones who were very agitated about the bandits, and they’re the ones who initially funded the Pinkerton hunt for Jesse. One of the things I did was go through the industry journals, “The Railway Age” and “The Railway Gazette” and found that the railroad industry magazines and publications paid no attention to train robberies. Then I looked at the express company magazines and journals, “Our Expressman” and “The Expressman’s Monthly,” and whenever there was a train robbery virtually the entire issue would be devoted to it. There would be accounts by the expressmen who were robbed, there were would be tips for how messengers should handle a robbery, exhortations to express messengers to resist. So the express companies were the ones who were being robbed–and the farmers didn’t care about express companies. You didn’t ship goods by Federal Express and you didn’t ship grain by express company in 1874. So one of the things I do in my book is really sort out a lot of this mythology that’s infected even historical writing by university professors. They just haven’t figured this out before. Once you look at Jesse’s train robberies, you see that it wasn’t an agrarian protest. He wasn’t standing up for the farmer. These were just high profile robberies that made Jesse James famous, and made people pay attention to him.

BOARDMAN: Did you first get interested in Jesse when you were growing up in Minnesota?

STILES: Yeah. I was always aware of Jesse James when I was growing up there. I grew up north of Minneapolis, about 90 miles in Benton County. My father had an old postcard–he still has it–showing Bill Chadwell, usually identified as William Stiles, the photo of him dead with a bullet hole in his chest. My father would always say that he was a relative, even though there’s no evidence that he’s related at all. I later went to Carlton College in Northfield, and by that time they had the reenactment every year. But I really began to become much more aware of him and his larger role as I started to work on a series of anthologies on American history. I had a chapter in my Civil War anthology with excerpts from John McCorkel’s memoirs on the Missouri Bushwhackers, and I had started to research the James’ story. When I finished my anthology series, I wanted to get at this story of the Civil War and Reconstruction. I realized that Jesse James had really been underestimated by various historians, that he was seen as sort of a trivial figure because he’s in the movies and he’s seen more as a mythical figure than as a real figure in history. I began to suspect that he’d been a much more political fellow and much more significant fellow than people realized. At the same time it was a great way of looking at everything that America went through during that period. Here was the greatest conflict in American history, and the greatest political issues in American history, and it comes down to the lives of individuals. In Missouri people had to choose what side they stood on. It wasn’t a matter of being from the North or being from the South. It wasn’t a matter of which state you were born in or where you lived. It was a border state where people had to make a conscious choice. Afterwards, there was no outside force imposing Reconstruction in Missouri. Everything that happened there was homegrown. People again had to make personal choices about the great issues of the day. So the life of Jesse James is a fantastic dramatic story, and I wanted to be able to do a better job of telling that story than anyone had done before. At the same time, I was fascinated by the way that everything that his life was about was all the larger issues in American history, all the things that go to the heart of what America is about, coming down to the lives of individual people. The Civil War not as a battle of armies, but of individual neighbors standing against each other, the issues that ensued out of the Civil War coming down to individuals taking sides against each other and having to make choices about what they believed in. And so the two fit together really well. I was able to write a book of history that has this larger context. It’s a story of this man and his family and what they went through. It’s even a bigger story than the Jesse James buffs and the people who love that story to begin with even realized.

BOARDMAN: So are you thinking about taking that same approach looking at an individual and how they fit within a context of that nature in any future enterprises?

STILES: Yeah, right now I’m working on a book that, it’s another biography, and it kind of looks at the same period from the other end of the spectrum. Rather than doing another outlaw book or criminal book, I’m looking at Cornelius Vanderbilt, the great, the first great railroad baron and before that, he was the great steamship tycoon. And again looking at the same period, you know, he lived his life much longer than Jesse James, but you know, looking at what America went through during this period and at the same time taking a very dramatic life that’s been underwritten about. There hasn’t been a lot of work by historians on Cornelius Vanderbilt, interestingly. And again somebody who ignored the law when it suited him, another powerful, strong figure who sort of made up his own rules as he went along, and sort of forced the rest of the country to respond to him. I’m going to the complete opposite of the spectrum, the other end of the country, the other end of, you know, the whole economic system, obviously the other end of the railroads! The owner rather than the robber. And looking at, again, telling a good story and also getting at what America went through in the 19th century and how it changed through the life of one man.

TJ Stiles is the author of “Jesse James: Last Rebel of the Civil War”. He spoke with Mark Boardman.

December 16, 2009

New Mexico Prisoner #1348

Filed under: Uncategorized — Mal @ 11:04 am

NEW MEXICO PRISONER #1348
By
Karen Holliday Tanner And John D. Tanner, Jr.

On Tuesday night, July 11, 1899, William Ellsworth “Elzy” Lay (alias William H. “Mac” McGinnis), Will Carver (alias G. W. Franks), Sam Ketchum, and possibly Bruce “Red” Weaver (alias Wheeler) successfully held up the Colorado and Southern’s train Number One at Twin Mountains near Folsom, New Mexico. The enriched robbers fled west. Weaver left the group near Springer to make his way to Alma, while Lay, Carver, and Ketchum continued further west to Turkey Creek Canyon, near Cimarron.

On July 13, U.S. Marshal Creighton Foraker of New Mexico sought and received Department of Justice authority to raise of posse of five men for twenty days at $5.00 per day plus expenses. Foraker enlisted a posse comprised of Field Deputy Wilson “Memph” Elliott, Huerfano County (Colorado) Sheriff Edward J. Farr, Special Agent William H. Reno of the Colorado and Southern, teamster James Morgan, locals Perfecto Cordoba and Santiago Serna, Springer cowboy Henry M. Love, and recently arrived Easterner F. H. Smith. Three days later, the posse followed the outlaws into the canyon where three posse members caught bullets during the resultant shoot-out. Farr was killed. Love was mortally wounded and died on the morning of July 21. Smith, shot through the calf, survived the experience. Although the three robbers escaped the canyon under the cover of darkness and rain, they fared little better. Ketchum caught a bullet in his left arm directly below the shoulder resulting in his death on July 24. Lay suffered wounds in his left shoulder and back.
The resilient Lay, after several days of hiding near Elizabethtown, soon returned to the trail. Twelve days after the Turkey Creek Canyon shoot-out, he, Carver, and Arizona cowboy Tom Capehart showed up over five hundred miles away in Tom Green County, Texas, where they turned west and put in another couple of hundred miles in the saddle. By August 15, they had reached the Eddy County, New Mexico ranch of Virgil Hogue Lusk, twenty-eight miles northeast of Carlsbad.

Later that night, Sheriff M. Cicero Stewart learned of the presence of two apparent outlaws at the Lusk ranch. Accompanied by Deputies John D. Cantrell and Rufe Thomas, Stewart traveled to the ranch where they concealed themselves in an earthen tank. Shortly after daylight, Lay rode in and hitched his horse to a wagon standing between the tank and a tent. He accepted Lusk’s invitation to enter the tent for breakfast.
Hearing the approaching officers, Lay pulled his six-shooter. He sent two rounds into Thomas and one into Lusk’s wrist before a bullet from the sheriff’s gun grazed his head, leaving him stunned. Capehart had ridden for provisions and missed the action. Carver, whom the local press identified as Franks, viewed the fracas from the top of a hill, about half a mile away. Realizing that he could be of no assistance to McGinnis, Carver waved to Stewart and rode away.

In reporting the arrest, the local press described the wounded Lay as six feet tall and weighing 175 pounds with a sandy complexion and a short sandy beard. (His later prison record noted that he weighed 164 pounds, and he may have actually weighed only 145 pounds at the time of his arrest.) Lay gave his name as John Thompson, but refused to answer all other questions.

Marshal Foraker, Special Agent Reno, D. E. Farr of Walsenburg, Colorado (brother of the late Ed Farr), and Cimarron, New Mexico merchant James K. Hunt descended on the Carlsbad jail on August 22. Hunt readily identified prisoner John Thompson as William H. McGinnis, train robber. Lay, who had been using the name McGinnis since his arrival in New Mexico in the fall of 1898, continued to use the name for the remainder of his life.

Just a day after Hunt identified McGinnis, on August 23, 1899, the lawmen and Hunt accompanied the shackled McGinnis on a train to Santa Fe. Stewart, Reno, and Farr continued on to Trinidad, Colorado, to attempt an identification of another man captured the same day as McGinnis following a single-handed attempt to hold up another Colorado & Southern train at Folsom. They were about to encounter Tom Ketchum.

On September 21, authorities took McGinnis from Santa Fe to Raton to stand trial. Two days earlier, Territorial Grand Jury for the District Court of the Fourth Judicial District indicted him on the charge of premeditated murder of Edward Farr by the. His trial began on October 2, and after three days of empanelling jurors and four days of testimony, the jury took three hours to reject a verdict of guilty on the charge of first degree murder, but to return a verdict of guilty on the charge of second degree murder. On Tuesday, October 10, Judge William J. Mills sentenced McGinnis “to imprisonment for the full term of his natural life….”

McGinnis was held within the confines of the New Mexico Territorial Penitentiary at Santa Fe while the Supreme Court of the Territory of New Mexico heard his appeal (filed January 3, 1900). On May 3, 1900, the court affirmed the judgment of the District court, and the following day McGinnis was officially “received” at the New Mexico Territorial Penitentiary as prisoner #1348.

Penitentiary Record:
#1348, McGinnis William H.; received: 5/04/1900; sentence commenced: October 10, 1899; term: life; crime: murder; county: Colfax; pled not guilty and provided no reason for crime..
Description–race: American; age: 33; height: 5 ft. 9 1/2 in.; weight: 164; light brown eyes, light hair, light complexion. One upper front tooth broken. Bullet wound through upper left shoulder; bullet wounds in back; small scar on left of head. Born: Coles County, Illinois; occupation: laborer; marital status: single; no children [sic]; religion: none, parents were Methodists; does not know if parents are living. Temperate, uses tobacco. Can read and write, did not attend school beyond 8th grade. Self supportive since age of 21. Closest relative or friend: E. A. Cunningham, Mogollon, New Mexico.

On December 15, 1905, “lifer” William H. McGinnis walked out of the penitentiary a free man. Many tales have been written in an attempt explain McGinnis’s release. Some maintain that he was pardoned: he was not. In one tale, former outlaw Matt Warner claimed to have told “Warden Morgan [sic] a cock-and-bull story” of a rich asphaltum discovery, the location of which was known only to McGinnis. The governor and the warden then decided to pardon McGinnis in exchange for ownership of the mine. More recently, author Kerry Ross Boren substituted gold for asphaltum.

These are the actual recorded circumstances. Otero’s tenure as New Mexico’s territorial governor began on June 2, 1897 and concluded on January 22, 1906. During those eight and one-half years, 925 prisoners entered the New Mexico Territorial Prison at Santa Fe. Early in his administration, Otero established the policy of issuing a pardon or commutation of sentence “to the most deserving convict,” as determined by the Board of Penitentiary Commissioners, on New Year’s Day, the Fourth of July, Thanksgiving, and Christmas. In practice, the governor proved somewhat more generous, granting ninety-three pardons and sixty-five commutations, including five commutations where he also later granted pardons. In all cases, Otero required that “letters or petitions requesting the same were approved by the trial judge, the district attorney, and some of the jurors.”

Superintendent Holm Bursum applauded McGinniss’s role during two riots. Otero maintained that during a prison riot, convicts grabbed the young brother-in-law of Bursum, and, using him as a shield, surrounded the cell house keepers. Implored by Mrs. Bursum, McGinnis grabbed Penitentiary Clerk Billy Martin’s horse and rode into Santa Fe to notify the territorial militia. Their arrival quelled the riot.

The other riot occurred on April 17, 1901, when convicts George Stevenson (#1402), William Simmons (#1318), and Frank Carper (#1403) attempted to escape. Armed with a contraband .38 cal. Smith & Wesson revolver, the trio made a dash out of the cell house and into the main hall and a gathering of unarmed guards. Captain of the Guard Felipe Armijo raced to the tower for a weapon. Stevenson wounded Armijo when he returned with a shotgun. Stevenson also wounded Guard Pedro Sandoval before being shot and killed by Superintendent Bursum’s Winchester. Armijo shot and mortally wounded Simmons. Carper surrendered.

According to Superintendent Bursum, “During this trouble McGinnis was night engineer at the power plant and remained thoroughly loyal to the penitentiary authorities and was helpful in preventing a more serious situation.” Bursum likewise confirmed Otero’s account of the circumstances of the second riot.

In keeping with his custom, on July 4, 1905, Otero commuted McGinnis’s life sentence to ten years. Once he received a fixed term, McGinnis was entitled to good time from the date of his October 10, 1899, sentencing. Under New Mexico Territorial law, good time lowered an inmate’s sentence by one month the first year, two additional months at the conclusion of the second year, three more months after the third year, and so on through the first five years. Each additional year of good time reduced the time by six months. A ten-year sentence with good time allowed would be fulfilled in seventy-five months (six years, three months), thereby fixing McGinnis’s release date as January 10, 1906. However, he had also worked on the scenic road project between Santa Fe and Las Vegas, which further reduced his sentence and entitled him to a December 15, 1905 release, not a January 10, 1906 release as indicated by Otero and cited by many subsequent writers.

McGinnis served a total of six years and two months. Between the opening of the New Mexico Territorial Penitentiary in 1884 and New Mexico statehood in 1912, ninety prisoners were received at Santa Fe under sentence of life. Excluding those who escaped, died, were transferred to the insane asylum, or remained confined following the granting of statehood (a total of 27), the average time served under a sentence of life was seven years and nine months. The longest incarceration for a lifer was seventeen years and six months. Although good conduct occasioned the commutation of McGinnis’s sentence, it likely reduced his tenure by only a year and one-half.

Following his release, McGinnis returned to Alma and took lodging at the general store of Lewis and Walter Jones. McGinnis was a “Goddamn nice lookin’ fella, he wasn’t a big man and he wasn’t a little man. He wasn’t a blond, he was more a little dark complected and had kind of dark brown hair.” Lewis Jones also recalled, “Hell, McGinnis stayed right there with us for six months, you know, and he told us every damn thing.” Neighbor Ben Avery characterized McGinnis as a “nice fellow to talk to and a nice fella to meet.”

Herman A. Hoover, McGinnis’s contemporary, is the source for this tale concerning the outlaw’s buried treasure. McGinnis remarked to the Jones brothers that he was going out to recover a cache of money “buried under the root of a juniper tree on the Mexican border,” and he would return in two weeks. Almost two weeks to the day later, he returned with $58,000 “wrapped in a slicker on the back of his saddle.” Hoover, who knew McGinnis in Alma, opined that the money was not from the Folsom robbery as the alert express agent had thwarted the robbers; instead, he hypothesized that the loot was part of the proceeds from the November 6, 1897, Grants robbery. Hoover, however, operated from two false premises: 1) McGinnis had not participated in the Grants robbery, and 2) the Folsom robbery had been successful. Reports suggested that the Folsom proceeds exceeded $50,000; Governor Otero fixed the amount at $70,000. Colonel William French of the WS ranch wrote that the “considerable swag” from the Folsom robbery originally had been hidden in Colfax County, and Butch Cassidy and Bruce “Red” Weaver later transported it to Socorro County where they buried it. Presumably, then, McGinnis had recovered the Folsom booty.

McGinnis stored the money in a utility room behind the small bar that adjoined the Jones’s store. Hoover added, “Among the money was about $1,100 in silver. When they needed ‘change’ in the store, one of them would hand Mac some currency and he would bring them a like amount in silver. Eventually the silver was exhausted.” Hoover’s yarn has a dubious ring to it. Allowing that the Folsom robbery produced more than $50,000, it is questionable whether Cassidy, Weaver, and later McGinnis, would have burdened themselves with some ninety odd pounds of silver coins.

Colonel French said McGinnis, whom he labeled “a paladin amongst cow-punchers,” remained at Alma for two years, while Hoover indicated that Mac’s stay numbered eighteen months. Subsequent events establish the validity of Hoover’s recollection and the error of French’s. Fugitive George Musgrave arrived in Alma in late February 1907 from Dalhart, Texas. The extent of prior planning, if any, by McGinnis and Musgrave is unknown, but shortly after Musgrave appeared, he, McGinnis, and a man using the name Jack Dempsey bid good-bye to New Mexico and headed up the outlaw trail.
After traveling north along the banks of Utah’s Green River, they reached Vernal, where McGinnis looked up his ex-wife Maude and his daughter Marvel. When he learned that Maude had married Oran Curry, the three men continued northeast through Brown’s Park to the remote community of Baggs, Wyoming. The three arrived before September 9, 1907, evidenced by Dempsey’s theft of a horse from Jake W. Hildenbrand of Carbon County.

There is no evidence that McGinnis returned to the owl hoot trail. He remarried, had two more children, ranched, studied geology, prospected, tended bar, worked for the Imperial Valley Irrigation District, and drank too much. Elzy Lay, alias William H. McGinnis, passed away in Los Angeles on November 10, 1934.

ENDNOTES:
1 Creighton Foraker, Albuquerque, New Mexico, to Attorney General, Washington, D.C. July 13, 1899. File 13.065; Records of Department of Justice Officials; Confidential Correspondence, 1896-1898; Record Group 60 (RG 60); National Archives at College Park, MD, hereafter Department of Justice.
2 Foraker to Attorney General, July 19, and August 28, 1899, Department of Justice. 3 B. D. Titsworth, “Hole-in-the-Wall Gang,” True West (December 1956), pp. 4- 10. Titsworth was the son of Huerfano County (Colorado) Deputy Sheriff George W. Titsworth. 4 Carlsbad Argus, August 18, 1899. 5 Ibid., August 25, 1899. 6 Territory of New Mexico v. William H. McGinnis, Cause No, 2419; Santa Fe Daily New Mexican, September 22, 1899. The trial of McGinnis is well detailed by Jeff Burton in his “Suddenly in a Secluded and Rugged Place…,” (The English Westerners’ Society, 1972, pp. 46-81), and need not be reiterated here. 7 Territory of New Mexico v. William H. McGinnis, Cause No, 2419. 8 Territory of New Mexico v. William H. McGinnis, Appellant, No. 873. 9 Territory of New Mexico, Penitentiary Record Book of Convicts, November 2, 1884–April 4, 1904, p. 90, New Mexico State Records Center and Archives, Santa Fe. 10 Matt Warner, as told to Murray E. King, The Last of the Bandit Riders (New York: Bonanza Books, 1940), pp. 325-28. 11 Kerry Ross Boren and Lisa Lee Boren, The Gold of Carre-Shinob, (Springville, UT: Bonneville Books, 1998), p. 103. 12 Miguel Otero, My Nine Years as Governor (Albuquerque: University of New Mexico Press, 1940), p. 102. 13 Territory of New Mexico, Penitentiary Record Books of Convicts, November 2, 1884–April 4, 1904; April 5, 1904- February 13, 1915. 14 Miguel Otero, My Nine Years as Governor, p. 102. 15 Bursum’s superintendency overlapped McGinnis’s entire stay at the penitentiary. He took over the New Mexico Territorial Penitentiary on May 1, 1899–it had 160 inmates. When he resigned on April 12, 1906, it had 260-270 inmates (Holm Bursum, “Bursum Papers, 1873-1936.” MSS 92 BC, Box 1, The Center for Southwestern Research, University of New Mexico, Albuquerque. The cousin of hotel magnate Conrad Hilton and the former sheriff of Socorro County, “Olaf” Bursum (1867-1953) was later elected to the United States Senate to replace Albert Fall upon the latter’s appointment to Harding’s cabinet. 16 Miguel Otero, My Nine Years as Governor, p. 131. 17 Santa Fe New Mexican, April 17, 1901. 18 Holm Bursum to Charles Kelly, quoted in Charles Kelly, The Outlaw Trail (New York: The Devin-Adair Company, 1959), pp. 258-59. 19 Ibid. 20 Miguel Otero, My Nine Years as Governor, pp. 102 and 131; Penitentiary Record Book of Convicts, November 2, 1884–April 4, 1904. 21 Territory of New Mexico, New Mexico Territorial Penitentiary, Admission Records (Record of Convicts), New Mexico State Records Center and Archives, Santa Fe. 22 H. A. Hoover, Tales from the Bloated Goat; Early Days in Mogollon, (El Paso: Texas Western Press, 1958 [reprinted Silver City, New Mexico: High Lonesome Books, 1995])p. 52. 23 Interview, Lewis Jones and John Allred, ca. 1955, Louis Bradley Blachly, “Transcripts of Oral Interviews.” MSS 123 BC, Pioneers Foundation Oral History Collection, The Center for Southwest Research, University of New Mexico, Albuquerque, hereafter BT. Lewis and Walter Jones had moved their general store from Reserve in 1904 (Interview, Lewis Jones, June 31, 1952, BT). 24 Interview, Ben Avery, no date, BT. 25 H. A. Hoover, Tales from the Bloated Goat; Early Days in Mogollon, p. 52. 26 Ibid., p. 53. 27 Miguel Antonio Otero, My Nine Years as Governor: 1897-1906, pp. 114-15.
Copyright 2001. 10
28 William French, Some Recollections of a Western Ranchman, (New York: Argosy- Antiquarian Ltd., 1965), pp. 261, 276-278. 29 H.A. Hoover, Tales from the Bloated Goat, p. 53. 30 French, Some Recollections of a Western Ranchman, pp. 262 and 283; H. A. Hoover, “The Gentle Train Robber,” p. 45.
31 Interview, Jones and Allred. BT. Lay periodically wrote Jones and Elton Cunningham from Wyoming (interview, Elton Cunningham, January 2, 1955, BT). 32 Speech delivered by Harvey Murdock (grandson of Elzy Lay) at the Ninth Annual Convention of the Western Outlaw-Lawman History Association, Buffalo, Wyoming, July 22, 1999. 33 Dempsey was jailed in Rawlins on February 1, 1908, but a jury acquitted him on March 12. Unreformed, Dempsey continued his larcenous ways (Carbon County, WY, District Court, District Number Three, State of Wyoming v. Jack Dempsey, case no. 645, WSA; Rawlins Republican, March 14, 1908; Carbon County Journal, March 14, 1908).

December 11, 2009

Showdown: Wyatt Earp Vs. Curly Bill

Filed under: Uncategorized — Mal @ 10:14 am

Showdown: Wyatt Earp vs. Curly Bill

by Ben T. Traywick

Many who knew him well said his name was really William Brocius Graham and that he was a wanted man from Texas. Curly Bill always claimed that his name was William Brocius and that he came from the Animas Valley in New Mexico.

Curly Bill

Curly Bill


All those claims aside, there is some evidence (1) that back in 1861 Curly Bill was just plain William Brocius, a poor dirt farmer just outside Crawfordsville, Indiana, with a wife and three children that he barely managed to feed. The children were named Jacob, Lizzie, and Ellie.
Tired of the eternal struggle to master all of his responsibilities, Brocius accepted $500.00 from a wealthy man, who had been drafted into the Union Army. This money was payment to Brocius to go to war in the man’s place.
So it was that Brocius went off to war, leaving his wife and three children to take of the farm themselves. After all, $500.00 was a fortune to a poor farmer back then.

When the war ended in 1865, veterans began returning home, but not Brocius. By the year 1868, he had still not returned. There had been no word of him, or from him. Believing him dead, his wife married a war veteran, Charles Comer in 1868. A child, named Jennie, was born to them in 1869.

Late that same year, Brocius showed up back in Crawfordsville. He was extremely upset to find his wife married to another man, and already the mother of the other man’s child. Brocius explained to his wife that he had been discharged in the deep South and had no other option but to work on farms along the way to raise enough funds to get home.
Apparently, no one in the family believed this explanation. At the end of the war, many soldiers were given a small amount of money, discharged, and then had to make their own way back to their families. But, in four years’ time, “Brocius could have crawled home.” The family believed that most likely he had been getting “rehabilitated” by living with some “southern belle.” Soon, Brocius left Crawfordsville in anger. His family never saw him again. But they were to hear about him when he turned up in Arizona Territory in a town called Tombstone.

Family legend has it that Curly Bill was “the world’s worst pistol shot.” But, he was reportedly very adept with the quick draw, twirling the gun, and a lot of other fancy tricks. Glenn Mears says that the family had been told that members of the outlaw gang were reluctant to go on raids with Brocius if he carried a handgun~~they feared he might shoot them!

Brocius has been described as heavy set, dark skinned, with black eyes and curly black hair. Crafty as a lobo wolf, he was strong, agile, and unrestricted by any conscience whatsoever.
By the time Curly Bill arrived in Tombstone, it was a wild and woolly boomtown. Allen Street had already become “whiskey row” and was a constant riot of noise and bedlam, filled with hundreds of new-comers. Six-guns roared up and down “whiskey row” on the night of October 27, 1880. The Clanton gang had “treed” the town. Firing their weapons recklessly in any and all directions, the gunmen who led the violence were Curly Bill, Tom and Frank McLaury, Ike and Billy Clanton, Frank Patterson, and Pony Deal.

Fred White, 32 years old, had been elected Tombstone’s first marshal on January 6, 1880. The wild shooting spree had been going on for two days and nights. Marshal White, a fine lawman, knew that he had to make an example of one of the troublemakers, and then disarm the bunch of them. He encountered Curly Bill on the lot where the Birdcage Theatre now stands. When White ordered Brocius to surrender his weapon, he presented the weapon to the lawman, barrel first. White grasped the barrel and a tongue of flame stabbed through he night followed by the dull roar of a .45. White fell, shot through the abdomen, writhing in agony.

Curly Bill had just pulled the trigger on the first shot in the Earp-Cowboy war. Echoes of that shot had not diminished before then-Deputy Sheriff Wyatt Earp laid a gun barrel over curly Bill’s head, knocking him cold. Wyatt then placed Bill under arrest. Brocius never forgave Wyatt Earp for that brutal and humiliating pistol whipping.

Marshal White lingered for a few days then died. Before his death he disclosed that the shooting had been an accident, that the pistol had discharged when he had tried to take it from it’s owner. Bill Brocius went before Judge Neugass in Tucson and testified that the gun had fired when White jerked it from his hand. As Marshal White made a similar statement just before his death, Curly Bill was acquitted. But, there is more to this episode. White probably died thinking he had been killed in an accident. Consider this: The Cowboys were busily shooting up the town, yet isn’t it strange that Brocius was standing in a vacant lot with a pistol that was loaded with six live rounds ~~ not even the customary empty shell for the hammer to rest on. If he was not shooting up the town with his erstwhile friends, what was he doing?

Virgil Earp was appointed by the mayor and city council (2) to fill out the remainder of Fred White’s term. Virgil already carried the commission of a deputy U.S. Marshal, bestowed upon him by Territorial Marshal Crawley P. Dake on November 27, 1879. (3)

Curly Bill and his outlaw cronies had two favorite hangouts ~~ Galeyville on the eastern slopes of the Chiricahua Mountains, and Charleston on the San Pedro River. Charleston, a mill town, had about 800 residents and the only law was “Justice Jim” Burnett. This worthy normally ran his office strictly for personal profit and seldom concerned himself with the Cowboys.

One Sunday, Reverend John Addison came down from Tombstone to hold services in Charleston. Ike Clanton, Curly Bill, and a few others of their ilk decided they were in dire need of some religion and showed up at the service. The moment those gun~slung desperadoes appeared most of the congregation decided that they had urgent business elsewhere. Bravely, the sky~pilot continued his sermon, omitting no detail of the awesome punishment reserved in Hell for thieves and murderers. At the end, Curly Bill brandished his weapon and demanded a hymn.(4) The serenade was well appreciated by the gunmen and they kept him singing for over an hour. Then, those same badmen filled the collection plate to overflowing with money and solemnly and quietly departed. Reverend Addison never returned to Charleston again.

The next morning, Curly Bill sat “sleeping the sleep of the innocent” in an easy chair on the porch of Tarbell’s Eagle Hotel, when a double barrel shotgun poked him in the ear. That impressive weapon was wielded by none other than “Justice Jim” , the total law enforcement agency of Charleston at the time. The worthy justice cocked both barrels of his shotgun and loudly declared his court in session. Finding the defendant guilty of unlawfully interrupting religious services, he levied a fine of $50.00 on the spot and forced the astounded outlaw to pay up. Brocius used to tell the story about the time a “court of law” tried him and gave him what he deserved. Then he would laugh uproariously.

Galeyville, the other outlaw hangout, had begun as a silver camp up in Turkey Creek Canyon. The silver did not last. It became a ghost town by the end of 1882, inhabited, for the most part, by outlaws.

San Simon, a tiny railroad stop, lay some 20 miles north of Galeyville. It’s total population numbered 35 souls including men, women, and children, and 10 railroad section hands that were Chinese. Robert H. ‘Bob’ Paul, running against Charlie Shibell for the office of Pima County Sheriff, made it a red hot election. The outlaws in Cochise County did not want Bob Paul as Sheriff, as he had made things very uncomfortable for them while a shotgun guard for Wells Fargo. Even worse, he was a close friend of Wyatt Earp. On election day they brought in Ike Clanton and some of his cronies into San Simon to run the election. John Ringo was the election judge. Curly Bill took over the ballot box. They gathered all of the men, women, children, and the Chinese, and forced them to vote for Shibell. Feeling that was not adequate, Brocius named all the dogs, burros, and poultry in town, then cast their vote.

With about 10 legally registered voters, the San Simon precinct turned out an amazing 104 votes, 103 of them for Shibell. The election commissioners threw the whole precinct out, but it still took the courts to eventually decide the election in Bob Paul’s favor.
Robert H. “Bob” Paul, an Earp ally, was nearly defrauded out of the 1880 election for sheriff of Pima County, when Curly Bill, John Ringo and others “stuffed the ballott box.”

Curly Bill learned from an informant below the border that a pack mule train of silver smugglers would be starting up from Mexico in July, 1881. The vaqueros would be moving through Skeleton Canyon, winding through the wild and desolate Peloncillo Mountains. They would come through San Luis Pass into the Animas range, across the Animas valley to San Simon, to the San Pedro, and over into the Santa Cruz Valley. In Tucson the smugglers would exchange their ‘dobe dollars for contraband merchandise to take back to Mexico. “Skeleton Canyon” was so called because of the many men and animals who had been killed there, and their bones left to bleach in the sun.

Smugglers led a line of small Andalusian mules through the canyon, never thinking that death lay in wait. Without warning, hidden rifles spouted flame and death from the rocks. The Mexicans had no chance. Heavily loaded though they were, the tiny mules stampeded. The killers raced after them and shot them down. Nine dead Mexicans were left lying at the so-called “Devil’s Kitchen” area of Skeleton Canyon. The ambushers gathered at Cave Creek and divided $4,000 in Mexican silver. Most of it was spent on women and whiskey in a saloons of Galeyville and Charleston. John Ringo and Joe Hill won the rest playing poker. The Mexican government lodged a formal protest to the United States concerning the nine dead Mexican citizens and the theft of goods and money, but no action was taken. John Ringo said he was present at the ambush along with the Clantons; “Old Man”, Ike and Billy; Frank and Tom McLaury, Jim Hughes; Rattlesnake Bill; Joe Hill; Charlie Snow; Jake Guage; and Charlie Thomas.

When on the afternoon of March 22, 1882, Wyatt Earp and his posse rode away from South Pass, leaving Florentino Cruz riddled with lead, he had a definite objective in mind.

Wyatt Earp

Wyatt Earp

He had received a report that Curly Bill and several of his men had been seen in the vicinity of Iron Springs, which was about 30 miles northwest of Tombstone in a little valley at the edge of the Whetstone Mountains. This location was all the way across the San Pedro Valley.

Wyatt, Doc Holliday, “Turkey Creek” Jack Johnson, “Texas Jack” Vermillion, and Sherman McMasters, were riding along the edge of a deep wash near Iron Springs. Wyatt was slightly in the lead. Suddenly, nine men rose up from the wash, guns spitting lead. Curly Bill was the front man, brandishing a shotgun. With the exception of Vermillion, whose horse was down, Wyatt’s posse fell back under fire. Wyatt slid from his horse unlimbering his double-barreled shotgun. Scarcely had his feet touched the ground when he let loose, point blank, at Curly Bill. Both charges struck the rustler square in the chest, literally blowing him apart and hurling him against the opposing bank of the wash. Throwing aside the empty shotgun, Wyatt drew his rifle from his saddle, and using his plunging horse as a shield, continued to fight with the now leaderless outlaws. They had retreated, taking cover in the brush above the wash. Wyatt sprayed the brush with rifle fire.(5) Since all the gunfire was directed at him, Wyatt began a careful withdrawal before the murderous onslaught.(6) Wyatt retreated out of gun range and rejoined his companions. Vermillion expose himself needlessly, trying to retrieve the saddle from his dead horse. None of the Earp party had been hit, but Vermilion’s horse had been killed in the first volley. Doc Holliday had gone back to pick him up. Wyatt had several bullet holes through his hat, coat, trouser legs, saddlehorn, and his boot-heel, but suffered not a scratch himself.

The whole countryside was divided on the question of whether Curly Bill was dead or not. Wyatt and those with him maintained that he had killed the outlaw. The Cowboys insisted that he had not. The body was never seen. However, the story leaked out that the Cowboys had buried it on a nearby ranch and carefully concealed the grave.

The Tombstone Epitaph, managed by John Clum, was a staunch supporter of the Earps, and, as to be expected, accepted the Earp party’s version of the killing of Curly Bill Brocius. The Tombstone Nugget, run by Behan’s under-Sheriff, Harry woods, naturally sided with the Cowboy version that Curly Bill was not dead. The Nugget offered a $1,000.00 reward for anyone who could produce Curly Bill’s dead body. The Epitaph countered by offering $2,000.00 to any acceptable charity, “in the name of anyone”, who could produce the outlaw alive.(7) Many legendary tales abound concerning the disappearance of Curly Bill Brocius; that he rode down into Mexico, married a Mexican woman and raised a hacienda full of kids; that he rode up to Wyoming to start again; that he went back to Texas; and numerous others.

It is not logical that Curly bill would vacate Arizona just when things were seemingly going his way. The Earps and Doc Holliday were riding out, leaving him in complete control with no enemies. There is no way he would not take one last swipe at Wyatt Earp and the Epitaph by making them pay the $2000.00 reward by showing up alive and well– if he were!

Probably the most accurate telling of Curly Bill’s fate can be obtained from letters written on the late 1920’s by Fred J. Dodge, undercover man for Wells Fargo. Some exerpts read:(8)
“You will recollect that J.B. Ayers kept the saloon in Charleston that was headquarters for all the outlaw and rustler element. This man, Ayers, for personal reasons that would take too long to tell, supplied me with reliable information. Thru him I got in touch with several others. Johnny Barnes, who you will recollect was in the fight at Iron Springs, gave me much information, not only of that, but of many other things before he was killed. Afterwards, all that they said with reference to Curly Bill was corroborated by Ike Clanton himself. It was my report to Mr. Valentine with reference to Curley (sic) Bill that brought John Thacker out there.”

“Referring to your letter of Sept. 14 you ask for information about the death of Curley Bill. By reason of my connection with Wells Fargo and Co. and also because of my association with Wyatt Earp and others of his party, I had full information concerning the fight at Iron Springs in which Wyatt Earp and party were ambushed by Curley Bill and party.(9)”
“Immediately after this fight I interested myself in ascertaining the true facts about the death of Curley Bill. J.B. Ayers, a saloonkeeper of Charleston where the outlaws and rustlers headquartered, told me that the men who were in the fight told him that Wyatt Earp killed Curley Bill and that they took the body away that night and that they buried him on Patterson’s ranch on the Babocomari. Johnny Barnes, who was in the fight and was badly wounded(10), and was one of the Curley Bill party, told me that they opened up on the Earp party just as Wyatt Earp swung off his horse to the ground and they thought they had hit Wyatt, but it was the horn of his saddle that was struck. That Wyatt Earp throwed down on Curley Bill right across his horse and killed him. That the Earp party made it so fast and hot that all of the Curley Bill party that could, got away. I made this report direct to John J. Valentine, President of Wells Fargo and Co. and in substance it was the same as above. Mr. Valentine sent Thacker out there, and he, as you know, made a full investigation. Some time after this Ike Clanton himself told me that Wyatt Earp killed Curley Bill.)”(11)
“When John Thacker got to Tombstone, I got in his way so that he would come to me, and I personally gave him the names of the men to go to. They all talked to him, but Ike Clanton would have nothing to do with him, but he got all the information that he required and was thougherly (sic) and completely satisfyed (sic) beyond a doubt that Wyatt had killed Curley Bill and that Bill was buried on the Patterson ranch.”(12)

The night that Virgil was shot in Tombstone, Johnny Barnes and Pony Deal were there; and Johnny Barnes was the man who fired the shot that tore up Virg’s arm. I don’t know who Wyatt attributed that shot to, but Johnny Barnes was the man. As I said, Johnny never recovered from his wounds, and finally died from them in Charleston where he was being cared for by Ayers.(13)
Regardless of any such information, facts or otherwise, after the gun battle at Iron Springs, Curly Bill went on no more cattle raids, hijacked no more smugglers, and, was seen in his favorite hangouts no more. He vanished completely and was never seen again!

It is like Doc Holliday (14) and Wyatt Earp told it: Wyatt snuffed out Curly Bill’s life with a twin blast from a double barrel shotgun. And he threw in Johnny Barnes for good measure.
Footnotes:
1. Letter in Traywick Collection from Glenn Mears. Information is from his great aunt Lizzie Brocius Chesterton. 2. Minutes Book N. 1 Common Council Village of Tombstone, October 28, 1880, page 9-10.
3. Copy of Virgil Earp’s commission in the Traywick collection. 4. Parsons’ Journal by George W. Parsons May 13, 1881. 5. Real West Magazine June, 1984 ed., Curly Bill Has Been Killed At Last by Glenn G. Boyer.
6. Tombstone Epitaph March 25, 1882 ed., Tombstone Epitaph March 26, 1882 ed., Tombstone Epitaph March 27, 1882 ed. 7. Tombstone Epitaph April 4, 1882 ed. 8. Fred J. Dodge letter to Wyatt S. Earp dated September 8, 1928.
9. Most likely this party included Curly Bill, Johnny Barnes, Pony Deal, Hank Swilling, Ike Clanton, John Ringo, Zwing Hunt, Billy Grounds, and Jim Hughes. 10. Johnny Barnes, hiding in the brush, was hit by gunfire when Wyatt Earp sprayed the area with his rifle.
11. Fred J. Dodge letter to Stuart N. Lake dated October 8, 1928. 12. Fred J. Dodge letter to Stuart N. Lake dated September 15, 1929. 13. Fred J. Dodge letter to Stuart N. Lake dated September 30, 1929. 14. Denver Republican May 26, 1882 ed.

December 7, 2009

Surprising New Information on Pat Garrett’s Death

Surprising New Information on Pat Garrett’s Death: Details From the Fornoff Report by Chuck Hornung

We are told in the Biblical book of Matthew (10:26) “There is nothing concealed that will not be disclosed, or hidden that will not be made known.” The truth of that wisdom will be shown in this narrative. I believe that the information contained in the investigative report by Captain Fred Fornoff of the New Mexico Mounted Police contained the real reason why Pat Garrett was murdered nearly nine decades ago. Some of the data shared here was not made public before my presentation to the 1996 WOLA Convention.(1) Join me now on the journey to seek new light on the murder of Pat Garrett.

Fred Fornoff and Pat Garrett were not friends. Their names however are linked for all time. The El Paso Times caught the essence of Garrett’s life saying,

“Pat Garrett was the victim of a reputation he did not seek and for which he was not responsible, simply because he was placed in the category of dangerous men.”(2)

PatGarrett
The Alabama-born (3) Patrick Floyd Jarvis Garrett had been a Texas ranger captain, buffalo hunter, rancher, customs collector, and sheriff of both Lincoln and Dona Aria counties in New Mexico. Pat Garret always seemed to have money problems due to his gambling and it was this weakness that caused his death.

Frederick Fornoff was born in Baltimore, Maryland, in February, 1859. He came west to work as a miner, brick maker and day laborer He served as one of Teddy Roosevelt’s Rough Riders in the Spanish American War, but Fornoff earned his reputation as a manhunter while city marshal of Albuquerque, deputy U.S. marshal, secret service agent and special investigator for the Justice Department. It was, however, as captain of the New Mexico Mounted Police that Fred Fornoff earned his place of honor in southwestern history. He died in November 1935 at the Veteran’s Hospital in Sheridan, Wyoming and is buried in the National Cemetery at Santa Fe, New Mexico.(4)

Pat Garrett, while serving as sheriff of Lincoln County, had killed an escaped murderer named Henry McCarty. The New York born outlaw was commonly called The Kid or Billy the Kid. In later years Captain Fornoff was vocal in his contempt for the romantic legends that had developed around the young outlaw. Fornoff was often heard to say,

“Billy the Kid was a viper and a danger to society. Ole Pat done right when he killed him.”(5)

It was Leap Year Day. Mid-morning Saturday February 29, 1908, was the appointed time for 57-year-old Pat Garrett to meet his fate at a mesquite-covered desert crossroads called Alameda Arroyo on the desolate Mail Road a few miles east of Las Cruces, county seat of Dona Ana County, New Mexico. A chunk of lead slammed into the back of Pat Garrett’s head pushing some of his graying brown hair into his skull. The aging bounty hunter was knocked forward, hit the ground and rolled over on his back as a second piece of hot lead bored into the front of his body.

Later that morning a local cowboy named Jessie Wayne Brazel walked calmly into the Dona Ana County sheriff’s office.

Pat Garrett's Killer (centre)

Pat Garrett's Killer (centre)

Brazel laid a Colt .45 on the desk in front of Deputy
Sheriff Felipe Lopez and said he had killed Pat Garrett. The deputy sheriff thought it was a joke until Brazel’s companion, Carl Adamson, confirmed Brazel’s story. Wayne Brazel was arrested for murder.

A short time later a sheriff’s posse (6) found Pat Garrett lying on his back with his bloody head facing toward the site where Wayne Brazel said he had sat on his horse. Wayne Brazel claimed that Garrett was about to shoot him with his shotgun when he, in self- defense, was forced to shoot the former lawman in the back.

Garrett’s body had been left where it fell. Pat’s fly was unbuttoned and his lower pant’s leg was still damp from urine spray. A wet puddle of sand was at his feet. The old lawman’s left hand was ungloved, while his shooting hand contained a glove.
Pat Garrett’s shotgun was found at the death site. It was located on the ground about three feet from Pat’s body. The undisturbed nature of the sand around the weapon, however, would seem to indicate that the shotgun had been placed where it was found and that Garrett had not thrown it down in a death jerk reaction.
The most damaging fact concerning Garrett’s shotgun was it’s physical condition. Lopez, at the murder scene, found Garrett’s shotgun was cased in it’s scabbard and unloaded. Pat had a few birdshot cartridges in his jacket pocket.

W.C. Field was the owner of Los Alamos Farms in Dona Ma County. He advertised his farm as “growers and shipper of alfalfas, cantaloupes, and all kinds of fruits.”(7) Field was also a Las Cruces doctor and was the person who examined Pat Garrett’s wounds at the murder scene and later performed the autopsy. Dr Field claimed that Pat’s head wound came from a bullet that entered just below the hat line and exited on a straight plain with the right eyebrow. This is the type of head wound a man standing and looking at the ground could receive from a person shooting from a level above the man’s head. A person on horseback or located on a slight incline could have delivered this type of shot. Pat’s undamaged hat was still on his head.

Pat Garrett’s second entry wound came from the opposite direction than that of the head shot. The projectile entered the stomach and pushed upward to lodge behind Garrett’s shoulder A .45 caliber slug was removed from Garrett’s body. Dr Field determined that the second bullet had been fired by a person – Captain Fred Fornoff New Mexico Mounted Police, who made the report referred to here, standing at ground level. Had this second shot been fired by a man on horseback or from a person on an incline the bullet would have caused a steep angle wound in the stomach and not the shallow path as found by Dr. Field’s examination. (8)

On Sunday, March 1, 1908 Territorial 4 Governor George Curry, Attorney General James Madison Hervey and Mounted Police Captain Fred Fornoff made the trip from Santa Fe to Las Cruces for Pat Garrett’s funeral. The governor was one of Garrett’s pallbearers.
On Monday, Garrett was buried in the Odd Fellow’s Cemetery at Las Cruces. (9) It seemed like everyone in southern New Mexico had wanted to get a look at Pat Garrett’s body resting in its oversized casket. To accommodate the large crowd of curious, and the few true mourners, Garrett’s body was publicly displayed at Strong’s Undertaking Parlor.
Pat Garrett was an atheist or Free Thinker so there was no religious ceremony at the grave site. (10) Tom Powers, Garrett’s controversial gambler friend and owner of El Paso’s Coney Island Saloon, used the agnostic Robert Ingersoll’s words as part of the old manhunter’s grave-side commemoration. Another friend read a eulogy that William Jennings Bryan had written for a friend and then Pat Garrett was left alone for his long sleep.

Captain Fornoff investigated the Garrett murder site. Later, upon the governor’s orders, Fornoff conducted an undercover fact-finding mission into Pat’s death. Late in the summer of 1908 Captain Fornoff presented a written narrative of his investigation to Governor Curry. The governor gave the report to Attorney General James Hervey for his review. This account has become known as “The Fornoff Report.”
The Fornoff Report was composed and typed by Page B. Otero from the notes supplied to him by Captain Fornoff. Page Otero (11) served as the Mounted Police office clerk from 1908 to 1910.
The first attempt to make Captain Fornoff’s investigation report public was undertaken by the El Paso Herald. New Mexico’s attorney general refused the request by explaining that Fornoff’s findings would be used at Wayne Brawl’s trial and until then the data must remain confidential.

Brazel was given a preliminary hearing before Justice of the Peace Manuel Lopez on Tuesday March 3, 1908. Brawl entered a not guilty plea on grounds of self-defense to the charge of murdering Garrett. He was bound over to the next session of the Dona Ana County grand jury.
On Monday, April 13, 1908, the Dona Ana County Grand Jury heard the evidence of murder against Wayne Brazel. Carl Adamson and Dn W.C. Field were called to testify. The grand jury handed down a “true bill” against Wayne Brazel.

The accused murderer, was then scheduled to be tried during the October 1908 term of the district court. A $10,000 bond was set for Brawl’s appearance before the district court. The bond was posted by a guarantee of local rancher W.W. Cox and six of his friends. The Brawl trial was later postponed until the spring of 1909.

The Third District Court of New Mexico was held at Las Cruces. Territorial Judge Frank W. Parker presided over this court. Judge Parker had also presided over the trial that freed the four men Sheriff Pat Garrett accused of killing Col. Albert Fountain and his young son. Parker was a friend of defense attorney A.B. Fall and openly disliked Pat Garrett.
Judge Parker convened Brazel’s trial, the Territory of New Mexico v Wayne Brawl, at 9:00 am on Monday April 19, 1909.(12) The prosecution case was presented with such appalling indifference and incompetence that District Attorney Mark B. Thompson could have stayed at home and he would have presented a better case. Thompson was a political ally and friend of defence lawyer A.B. Fall.
Unlike the preliminary hearing, the prosecution did not call Carl Adamson to testify. He was the only publicly known witness, besides Wayne Brawl, to Garrett’s murder. Adamson would have been easy to locate. He had been arrested by federal officers and had been charged with smuggling Chinese laborers into the United States from Mexico. On December 14, 1908 Adamson was convicted at his trial in Alaniogordo and sentenced to a year and a half in the territorial prison.

Prosecutor Thompson did not present any court room evidence showing that Garrett had been shot in the back of the head or that Pat had a glove on his shooting hand or that Garrett’s shotgun was packed in it’s carrying case and was unloaded.

Captain Fornoff was not asked to testify concerning his in-depth investigation nor did Thompson make use of any data contained in the Fornoff Report.
Albert Bacon Fall served as Wayne Brawl’s chief defense attorney.(13) The defense presentation was short and to the point. The jury began their deliberations at 5:45 in the afternoon. Within 25 minutes Wayne Brawl was a free man.
The defense had called only three witnesses. In an odd twist of fate one of Brazel’s character references was Territorial Mounted Policeman John A. Beal.(14)
Powerful Dona Ana County rancher William W. Cox had sat with Brazel during his preliminary hearing and the trial as a public show of his support. Following Brawl’s acquittal, Cox hosted a barbecue, at his San Augustine Ranch, to honor Pat Garrett’s killer.(15)

The trial of Wayne Brazel ended all legal efforts to locate the killer or killers of Pat Garrett. The confessed murderer had been freed by a jury in a court of law.
Territorial Attorney General James M. Hervey left the territorial service shortly after the Brawl trial. He returned to his private law practice in Roswell. Hervey took with him his personal papers and some of his confidential public papers. The Fornoff Report was part of these files. In 1909 New Mexico had no law requiring that public records remain in the custody of the territory.

In the 1960s, I began my quest to compile a record of the New Mexico Mounted Police. During this search I became acquainted with Fred Lambert of Cimarron, the last living member of the territorial police and we developed a friendship that lasted until Lambert’sdeath in 1971. Lambert became my mentor during those early years of research and he also became the godfather and name sake for my eldest son.(16)
The author-Lambert conversations, many of which were taped, amounted to hundreds of hours as we relived the saga of a youth coming of age in turn- of-the-century New Mexico. Then on Saturday April 13, 1968 this discussion began focussing on Fornoff’s probe into the murder of Pat Garrett. Fred Lambert expressed reluctance to discuss the killing.
I told Lambert that I had discovered that James Hervey had died in 1953 and that his Roswell law partner, Charles Brice, had kept Hervey’s records until his own death in 1963. I said I also understood that Charles Brice’s farnily had taken both the Hervey and the Brice law office papers to the Roswell City Dump and burned them. I told Lambert that I believed that these records had included the only complete copy of the Fornoff Report.

Over a year after the Lambert conversation I read an article by western historian Robert Mullin detailing his long search to locate a copy of the Fornoff Report.(17) He confirmed what I had told Lambert about the Fornoff Report having been destroyed.
Lambert told me he had seen Captain Fornoff’s field notes and Page Otero’s draft of the report. When I asked what the notes contained Lambert replied,

“Let it be. The families of those men are respectable now. Let those closets stay closed. Cap (Fornoff) could’ve been wrong.”

I pressured Lambert as to whether he really felt that Captain Fornoff’s judgement of the facts as he knew them was wrong. Lambert flatly said, “No.”

What follows now are the facts that Fred Lambert told me -

For a few days in October 1911, Lambert was stationed at the ranger’s headquarters in Santa Fe. His assignment was to maintain the Mounted Police office during Captain Fornoff’s absence on court duty.(18) Fred Lambert took this opportunity to review the open case files of the territorial police. Lambert told me that the Garrett murder data was stored in a maroon expandable folder tied with a red ribbon. In 1911 there were three of these large expandable folders, along with other regular size files, stored in the Mounted Police office. One of these large folders contained the official records of the 1910 Mounted Police shootout in the gold camp at Mogollon. The second oversized folder dealt with the Fountain murder case. The Garrett folder, according to Lambert, contained various newspaper clippings about the murder and Brawl’s trial. It also had a few miscellaneous letters, a hand drawn location map, investigation notes, and a typed draft copy of the formal report.

Captain Fornoff’s field notes were basically of two types. The first set, hand written on foolscap-sized paper, dealt with the murder site investigation and comments made by the people Fornoff had interviewed in the Las Cruces area. The second batch were a few sheets of stationery from the El Paso County sheriff’s office. These papers contained comments gathered by Fornoff from individuals he had interrogated while unofficially visiting in the Pass City. Lambert especially remembered the Texas sheriff’s department letterhead because of the big bold style of the design. Fornoff had asked Mounted Policeman John Beal, who was stationed at Deming, to send his impressions of the case. Beal knew both Brawl and Garrett. Beal’s remarks, scrawled in pencil, were contained on lined notebook paper.

Lambert told me he looked over Fornoff’s field notes and read the draft report, but truthfully found the eight-year-old case uninteresting because the main suspect had been found not quilty at his trial and the other matters were federal crimes and not something the Mounted Police investigated.(19) Lambert said he was most concerned with the background facts in the file on the Mogollon troubles of the year before because the old mining town was still a troubled area in 1911.

A year later, during the final days of 1912, Lambert and Fornoff discussed the Garrett murder. The subject came up during Lambert’s visit to the Mounted Police office. New Mexico’s first state legislature was scheduled to hold a second session early in 1913. Another heated debate was expected on the continued need for a state police force.
Early in 1909, prior to Wayne Brawl’s trial, the lawmakers had almost abolished the Mounted Police for “economic reasons”. That attempt falled, but the force had been reduced to half its original strength. Southern power brokers had even tried to block Fornoff’s annual appointment as Mounted Police captain. This effort also failed, but only because the captain was so popular. (20)
Captain Fornoff told Lambert he felt that the next time the State Legislature met, in 1913, that the southern political bosses had the needed votes and that they would finally achieve their goal to disband the Mounted Police. Lambert asked why Fornoff felt that these men wanted the rangers destroyed any more now then they had back in 1909. The answer surprised Fred Lambert.

“They know I know about the Garrett plot and the big money interest behind the Fountain killings. As long as the police exist they’re in danger No police and there’s less danger of any new evidence seeing day light. I’ve always said give it time. Well… Our time’s ’bout over.”

The Mounted Police captain outlined, for Lambert, a plan and a motive that could have resulted in Pat Garrett’s death. The original idea seems to have been to ruin Garrett financially, take his property and then to force him to leave the area. It was this intrigue that finally led to violence and cold blooded murder.
Captain Fornoff had maintained his relationship with high level federal officers from his years as a deputy U.S. marshal and Secret Service agent. (21) These federal officers told Fornoff that Chinese Inspection officers were actively building a case against a small group of men who were conducting a smuggling operation. (22) The ring was based in El Paso and the smuggled “cargo” was illegal Chinese laborers for the mines and farms in southern Colorado. These smugglers had powerful political friends in El Paso and New Mexico. The federal officers suspected, among others, Mannie Clements, Print Rhode and Carl Adamson. They had the evidence against Adamson and hoped to make a deal with Carl if he would help convict the others. The lead on Carl Adamson and the other cartel members had been furnished the federal officers by a Las Cruces doctor.

Doctor W.C. Field treated the federal prisoners housed in the county jail at Las Cruces. (23) Field had treated one of the Chinese prisoners and this man told Field about the smugglers. Field told U.S. Marshal Creighton Foraker who passed the news along to other federal agents. At this point Fornoff started his investigation. The smugglers could easily move across the US-Mexico boarder into New Mexico. Once in the territory they needed a safe hiding place to hold their growing business in human cargo until they could move the workers farther north and Bear Canyon was the ideal location. It was on the route north, had water and it was remote yet accessible. The “fly in the ointment” was that the land was owned by Pat Garrett and he had no plans to sell. (24)

Legally-speaking I am not sure Pat Garrett could have sold the Bear Canyon property. In 1902 he had mortgaged his ranch and property to Las Cruces businessman Martin Lohmann (25) for $3,567.50. This note was renewed two years later but was finally sold because of nonpayment. The man who bought the discounted note for $2,000 was Garrett’s neighbor, W.W. Cox. Cox also renewed the note (26) and then tried to help Garrett make the ranch operation profitable hoping that Garrett would honor the pledge to pay his long over due bill. Cox may not have wished to publicly appear as a financial ogre by evicting the Garrett family for nonpayment of Pat’s debts, but Cox did want his money.
Both the Albuquerque Bank of Commerce and the Dona Ana County Commissioner’s Court had taken Garrett for past due debts and in both cases the popular, if not legal, opinion had been on the old lawman’s side. (27) Cox learned a public relations lesson from these two cases and did not openly challenge Garrett for his long outstanding debt. Old timers understood the western code that if an honest debt was not honored in life then the due could be collected in blood, confiscation of property or both.

Fornoff believed the mastermind behind the plot to get Garrett was Pat’s neighbor, W.W. Cox, along with his brothers-in-law, A.P “Print” Rhode, and Oliver Lee. (28) Pat had at one time tried to cdnnect one or all of them to the ambush murders of Albert Fountain, a criminal prosecutor, and his young son. Garrett often expressed his opinion that wealthy stock-rustling ranchers had ordered the prosecutor’s death because Fountain had been aggressive in pursuit of cattle and horse rustlers in southeastern New Mexico.

It was quietly talked about locally that Cox, Rhodes and Lee had built their wealth upon a foundation as former livestock rustlers. Now they may have found that easy money could be made by smuggling illegal workers into the United States via Texas.

On October 7, 1899, Sheriff Pat Garrett and a deputy had killed a wanted man at Cox’s San Augustine Ranch. Mrs. Cox was at the ranch and witnessed the killing. Print Rhode may have believed this violent encounter had needlessly endangered the life of his sister and held Pat Garrett responsible for what he felt was a careless act. One wonders if this dislike or hate would have remained strong enough over a decade to result in murder.
Lambert remembered that Fornoff’s notes revealed that informants told the ranger chief about Cox. Western writer, Jim Miller, reported that Cox wanted to buy some southern New Mexico range land on which to run a herd of Mexican cattle. In fact Cox wanted a hideout to serve as cover for his Chinese-smuggling operation.
Many of these writers stated that W.W. Cox supplied the money to get rid of Pat Garrett and that this money was funnelled through Albert Bacon Fall. Fall was Cox’s personal attorney and was a powerful political boss in his own right.
It also was claimed that Fall passed the Cox money to Emanuel “Mannie” Clements, El Paso’s underworld strong man and former city policeman, with instructions to find a standby trigger-man to kill Garrett. It was stated that Clements made such a deal with his brother-in-law, “Deacon Jim” Miller. Jim Miller was widely known as a gunman-for-hire.

Fornoff believed that Miller was part of a plot to get Garrett’s Bear Canyon ranch land but he did not believe that Jim plotted to kill the old lawman. Fornoff also understood that the land grab plot called for one of Cox’s range hands, Wayne Brazel, to make a deal with Garrett to lease the Bear Canyon ranch land. It was believed that the cash-poor Garrett would accept the offer. The five- year lease was, however, made between Brawl and Pat’s son Dudley Poe Garrett.

Pat agreed to the deal and assumed that Brazel would graze a small herd of cattle on the leased land. Brawl and his new business partner, Print Rhode, soon moved a large herd of goats to Garrett’s land. Pat almost had a heart attack when he heard about the goats. He was a cattleman and had no love for sheep or goats. Just as the plotters had planned, Garrett became deterrinhed to remove the goats from his Bear Canyon lands.
Garrett ordered Brawl to get the goats off his land. Wayne said no to Pat’s demand. But he offered to break the lease if Garrett could find a person to buy the goats. The plotters now sent their pretend buyer to Garrett. The would-be goat buyer was a minor criminal named Carl Adanison. This man was “Deacon Jim” Miller’s cousin-in-law by marriage.
Adamson and Miller inspected the goat herd and agreed on the purchase. The deal was set until Brawl, not a part of the plot, claimed the two men had under-counted the goats, and demanded more money. Garrett asked Adamson if he would agree to buy the additional goats. Adamson said Miller was in El Paso and he would send word to have Miller meet them in Las Cruces to talk over the new offer. (29)
On Friday February 28, 1908, Adamson spent the night with Garrett and his family. They sent a message to Brawl to meet them the next day on the road to Las Cruces. Together the threesome would journey to the City of Crosses to confer with Jim Miller.

Garrett and Adamson left Pat’s ranch in a buggy. When they arrived near the Organ crossroad the two men saw Brawl talking with another man. The unknown horseman rode away before Garrett’s buggy could reach the meeting site. Fornoff believed that the mystery rider was Brawl’s partner Print Rhode.
In the preliminary hearing both Adamson and Brawl claimed Garrett accused Wayne of lying about the number of goats in Bear Canyon. Brawl said he again claimed he had simply miscounted. They said the argument became more heated until Adamson asked Garrett to stop the buggy. Carl said he needed to relieve himself. Garrett and Brawl continued to argue.
Adamson claimed he went to the front of Garrett’s buggy near the horse. This move would have placed Adainson in a position to stop the horse from bolting when a gun shot was fired. At this point Garrett also got out of the buggy. Near the back of the buggy Pat Garrett began to relieve himself. A few seconds later he was dead.

In 1961, eight years after his death and in accordance with his wishes, James Hervey’s account of the Garrett assassination was published. (30) In this narrative Jim Hervey recounts how he, Captain Fornoff and Carl Adamson visited the Garrett death scene.
The former attorney general described how they found a Winchester cartridge casing in a side arroyo about 50 feet from the death scene. A person concealed at this site was not visible to a person in the little arroyo where Garrett died. Even the sound of a gunshot would have been muffled by the sand drifts.
Horse tracks and other signs indicated that this site could have served as an ambush nest for the killer. A cigarette butt was also found near the horse tracks. (31)
Governor Curry understood the importance of Fornoff’s discoveries. In his autobiography, published eleven years after his death, Curry wrote,

“His (Fornoff) report to me differed materially from that of the local sheriff and medical examiner, and confirmed my impression from some of the information I had obtained, that Brazil (sic), who had volunteered a confession to the crime, was the victim of a conspiracy rather than the killer…” (32)

Evidence would seem to indicate that Garrett was shot by two different weapons and from two different directions. According to Brazel’s testimony he was mounted during the time Garrett was shot. Neither Brazel nor Adamson had a rifle with them at the time
Wayne surrendered and confessed to the Garrett killing. Brazel surrendered his Colt .45 and said that the pistol was the murder weapon.
Brazel, who was loyal to W.W. Cox, may not have known he was the dupe in the Garrett plot. In fact, he may not have known anything about the backup murder plan. It is easy to believe that Brazel may have felt his only job was to help force the hated Pat Garrett into an unwanted liquidation of his ranch. Iris doubtful that Brazel knew about or was a partner in an Chinese labor smuggling operation.
Captain Fornoff was not sure what had triggered the need to kill Garrett, but he assumed that Brazel had no knowledge of any plot to kill Garrett. If that fact was true, and Brazel did not himself shoot Garrett, then the cowhand must have been a very surprised person when Pat was shot while he was urinating. Surprised as he may have been Brazel still might have placed the second shot into Garrett’s body in support of his partner, Print Rhode, who may have fired the first shot. Secondly Fornoff expressed the idea that if Garrett’s shooting had been a true surprise to Brazel, then it was more likely that Adamson fired the second shot.
A code of public silence seemed to fall over the Garrett murder The alleged conspiracy to rid Dona Ana County of Pat Garrett and take his land had been hatched among family and friends and supported by business partners. The conspirators motives were a simple defense of their political power, enhancement of their personal wealth, and perhaps a blood payment for a bad debt and a personal hurt.

J.R. Galusha, a veteran New Mexico peace officer (33), is quoted as saying that Brazel told him,

“I didn’t kill Pat Garrett. I just took the rap for Jim Miller” (34)

Charley Siringo, the famous frontier detective and Fornoff friend, claimed the captain told him,

“Jim Miller fired the bullet that killed Pat Garrett “(35)

Jack Carter, a man who claimed to have known Brazel when he was a young man, wrote a magazine article about Wayne. (36) One of the sources used by Carter was Wayne’s brother Rothmer. Carter claimed that Wayne Brazel said he really had killed Garrett.
The horse Wayne rode on the murder day belonged to his brother It was a non-gun-shy roping horse named Oso after the OSO brand she wore. A horse with this type of training would have been useful during an exchange of gun fire. Other stories have claimed Wayne’s horse was a gun-shy mount called Loco.

James M. Hervey wrote in his Garrett story, “Fornoff made the trip to El Paso and came back and said he had made a real discovery but he did not know whether he would ever be able to prove it.” It would seem that the so-called “Cox murder plot” was in fact not a murder plot at all but a conspiracy to acquire land to hid illegal aliens. It was not a blueprint for Pat Garrett’s murder.

Shortly after Lambert told me about the Mounted Police case file on the Garrett murder I searched for the records. I located the Territorial Mounted Police records in the special collections at the University of New Mexico. (37) The Garrett murder case file was not part of the records then held by the university. I did, however, locate an incomplete file on the Fountain investigation and the file on the Mogollon trouble. They were contained in folders like the ones Lambert had described to me. (38)
Fred Fornoff, Jr told me in March 1991 that he knew nothing about his father’s investigation of the Garrett murder He also said that most of his father’s private and public papers had been destroyed in a house fire. Among the lost items was a large collection of family photographs. One can only wonder what else might have been lost to history.
I must confess that in 1968, during my conversations with Fred Lambert, not all the import of what Fred told me about the Garrett plot fully registered. I was 25 years old, newly-married and beginning my careen I was still learning how the world of economic intrigue and political influence operated. A quarter of a century has passed and now I better understand the plot, the murder and the coverup. It had nothing to do with personal honor or anything but the love of power and money.

Fate dealt many twists to the lives of the people involved in the final days of Pat Garrett’s life. Oliver Lee served as a member of the 1919 State House of Representatives. I find it interesting that he voted in favor of the bill to re-establish a full company of the hated Mounted Police. Lee also served as president of the New Mexico State Cattle Growers Association. He died a wealthy and respected rancher in December 1941. Today the Oliver Lee Ranch is a New Mexico state park named in his honor.
Jim Gililland, another Fountain murder suspect, was a personal friend of George Curry. In 1910 Curry appointed Jim a special Territorial Mounted Policeman. Jim never talked about the Garrett or Fountain murders. Gililland died August 8, 1946.
Territorial Attorney General James Hervey’s father had been a friend of Pat Garrett. Hervey was a boyhood friend of western author Emerson Hough. Hough had gathered information for his book “The Story of the Outlaw” from Pat Garrett. The old lawman earned about $200 for his help with Emerson’s book. Hough advised Pat’s son not to seek revenge for his father’s death or these men would kill him like they killed his father.
Governor Curry was a long-time friend of Pat Garrett. He had campaigned for Pat to be sheriff of Lincoln County and a few days before Garrett’s death George loaned Pat $50. During A.B. Fall’s federal conspiracy trial, resulting from Fall’s misdealings while serving as secretary of the interior, Curry testified as a character witness for his former attorney general. Curry lost his federal job as a result of his testimony in support of Fall so New Mexico created a job for him as state historian. George Curry died a poor man. His last days were spent at Albuquerque’s VA Hospital were he died in November 1947. Curry is buried in the National Cemetery in Santa Fe.

Pat Garrett had known the Brazel family during his Lincoln County days. Pat liked and trusted Jessie Wayne Brazel and his father The Garrett ranch, in Dona Ana County, was a short distance from the Gold Camp School. Olive Boyd was a teacher in this one room building and in 1910 she became Mrs. Wayne Brazel.
The web became more twisted. Herbert B. Holt was one of Wayne Brazel’s defense attorneys. Holt had been Pat Garrett’s personal lawyer. Holt was also a political ally of A. B. Fall.
Underworld strongman Emanuel “Mannie” Clements was assassinated in the crowded wine room of Tom Power’s Coney Island Saloon, in El Paso, on December 29, 1908. No one admitted seeing who fired the fatal shot and El Paso newspapers hinted that the death was payback for the recent murder of two Chinese immigration agents. Clements was just a few weeks from his 60th birthday. He was buried in Evergreen Cemetery. (39) Power was Pat’s close friend.

Ironically, Wayne Brazel was acquitted of murder on the same day, April 19, 1909, that “Deacon Jim” Miller was lynched by a mob at Ada, Oklahoma. The Arkansas born killer-businessman had been a Texas Ranger and deputy U.S. marshal. He was 43 years old at his death. Jim is buried with his wife and mother-in-law in Fort Worth’s Oakwood Cemetery.

Adamson married and worked a sheep ranch. His venture went bust following World War I. He died of a fever on November 11,1919. He is buried in South Park Cemetery in Roswell. Pat Garrett’s son, Jarvis, always believed that Adamson had been the trigger-man in his father’s murder. Adamson’s rancher grandson, Joe Skeen, became a New Mexico congressman.

William Web Cox sued Brazel for recovery of the $574.80 he had fronted the cowboy for the goat heard on the Bear Canyon Ranch, (40) Cox got the goats and the lease on Pat Garrett’s land. (41)
Cox developed his livestock empire and was a powerful political boss before his death on December 23, 1923. Ironically, Cox is buried in the same cemetery as Pat Garrett.

Albert Bacon Fall (42) became a member of President Warren Harding’s cabinet. He was disgraced in a national political scandal and federal prison was his reward. Fall died, in poverty, and a broken man, on November 30, 1944. Along with his wife and daughter he is buried in El Paso’s Evergreen Cemetery.

Brazel homesteaded a small ranch west of Lordsburg and settled down until his wife died in 1911. Three years later Brazel disappeared and walked into oblivion. Not even his lawman brother, and later his son, could locate him.
No clear judgment can be made concerning Wayne Brazel. A court of law proclaimed him innocent of murder in the death of Pat Garrett. The verdict, however, did not remove the suspicion of Brazel’s part in a larger conspiracy against the old lawman.
If Brazel did kill Pat Garrett he must have done it out of a deep fear of or a strong hatred for the old lawman. It would take a stong emotion or lack of emotion to shoot a man in the back and then months later be able to convincingly lie to ajury about how this back shooting was done in self-defence. (43)

Lambert told me that when Fornoff finished his narrative about his Garrett murder investigation he leaned back in his chair and lit a cigar. Fornoff took a long draw, blew the smoke at the ceiling light, and said,

“Ya know Kid, the joke would be if Brazel really done it. It’d ruin a damn nice plot.” The ranger chief took another long draw then added, “If its true, it would explain a hellava lot.”

“Cap looked at me to see my reaction (to his comments);’ said Lambert. “Said I had the same damn look (Attorney General) Hervey had when he had told him that (feeling about Brazel).” (44)
Fornoff’s feelings proved right concerning the fate of the Mounted Police. The 1913 session of the New Mexico State Legislature voted not to continue funding the state rangers.
Between 1914 and 1917, Lambert was New Mexico’s only Mounted Policeman and was paid from the governor’s special office funds.(45) In 1918, a full company of Mounted Police was authorized for service during the final months of World War I. In 1919 the state lawmakers funded a new ranger force that served as state police until the corps was abolished in February 1921. The present-day New Mexico State Police were formed in 1935.
Fred Lambert died February 3, 1971. At 84 he was honored as the dean of New Mexico peace officers. On the day he died Lambert wore a special deputy sheriff’s badge pinned on his shirt and a New Mexico State Police commission in his pocket. We buried him with full honors near his family in Cimarron’s Mountain View Cemetery.

HISTORICAL NOTES AND COMMENTS
1. The author presented the Fornoff Report as a slide presentation Saturday afternoon, 20 July 1996, at the Sixth Annual WOLA Convention held at the Holiday Inn in Craig, Colorado. The substance of this article is a chapter in the author’s unpublished history of the New Mexico Mounted Police.
2. “The Real Pat Garrett:’ The El Paso Times, 02 March 1908.
3. Garrett was born OS June 1850 in Chambers County, Alabama, but spent his childhood in Claiborne Parish, Louisiana. Leon Metz’s Pat Garrett, The Story of a Western Lawman (The University of Oklahoma Press, 1974) is an excellent biography of the man.
4. The author, with the support of the Fred Fornoff farnily, is presently working on a full length biography of Captain Fornoff.
5. Fred Lambert notes, author’s Mounted Police collection.
6. One of the posse members was former New Mexico Mounted Policeman Robert M. Burch. Bob had been a territorial ranger stationed at Las Cruces during 1906-1907.
7. Dr. W.C Field letterhead, 1908, U. S. Marshal Papers, Special Collections, Zimmerman Library, University of New Mexico.
8. The Brazel trial records have disappeared, but contemporary newspaper reports and Dr. Field’s New Mexico Sentinel (23 April 1939) interview were used to reconstruct the murder wounds.
9. In 1957 Pat Garrett and other members of his family were reburied in the new Masonic Cemetery in Las Cruces. The site is marked with a large family stone and smaller individual markers.
10. Garrett’s First marriage was performed before a justice of the peace. However his second marriage took place in the Roman Catholic Church in Anton Chico.
11. Page B. Otero had been the first game warden for New Mexico Territory and was the older brother to former Territorial Governor Miguel A. Otero. Page had a fine singing voice and had the ability to play the guitar, banjo, and the mandolin.
12. The official inquest and trial transcripts have disappeared from the Dona Ana County courthouse. The basic court record is contained in Criminal Docket Book C, Case No. 4112, District Court Records, Dona Ana County, New Mexico. The court docket does not record the court testimony, however local newspapers did report the questioning at the trial.
13. Attorneys Herbert B. Holt, William A. Sutherland, and Edward C. Wade were the active part of the Fall defense team.
14. John Beal was the territorial ranger stationed at Deming from 1907 till New Mexico became a state, then he became second in command of the state rangers during 1912- 1913.
15. My friend Leon Metz makes a case for a cordial relationship between Cox and Garrett. His research has uncovered a time when Pat sent Cox some watermelon for his
children and in August 1906 Cox arranged to help Pat hid some cattle from the tax collector.
16. Fred Lambert was one of Captain Fornoff’s most trusted officers. The captain often referred to Lambert as “the boy” or “Kid” in denoting his youth. The terms were used as a sign of his personal affection. In 1913 Fornoff gave Lambert his Winchester 73 rifle as a parting gift when the rangers went out of service. Lambert gave the author Fornoff’s rifle in 1970.
17. Robert Mullin, “The Key to the Mystery of Pat Garrett,” Los Angeles Westerners Corral Branding Iron, #29, June 1969.
18. In 1911 the Mounted Police had no office clerk so the seven man ranger force would take turns doing office duty if Captain Fornoff had to be out of town.
19. Fred Lambert told the author that in his day a Chinese smuggler ranked lower then a wife beater and was not near as honorable as a chicken thief. Lambert never said so but his mannerisms during our talks indicated to me that he did not think much of Pat Garrett.
20. The year before the reappointment controversy Governor George Curry had written Fred Fornoff concerning his “very efficient and satisfactory service as Captain of the Mounted Police…. Thank you on behalf of the people of the Territory for your very excellent work in the mounted police department.” Letter: Curry to Fornoff, 25 March 1908, copy in author’s Mounted Police collection.
21. Fred Fornoff used these same connections to get Fred Lambert a special agent’s appointment with the U.S. Indian Service following Lambert’s service with the Mounted Police.
22. An Atchison, Topeka & Santa Fe Railroad conductor named Charles Maynard was arrested and later convicted, at Las Cruces, of conspiarcy to smuggle Chinese into the United States. Maynard’s train route ran north out of El Paso.
23. Letter: W.C. Field to U.S. Marshal Creighton M. Foraker, 19 July 1907, U.S. Marshal Papers, Box 1, Folder 52, Special Collections, Zimmerman Library, University of New Mexico, Albuquerque, N.M.
24. Leon Metz and the author have discussed the Chinese smuggling idea and agree that, if true, this motive could change the believability of a small conspiracy to “steal” Pat Garrett’s Bear Canyon ranch. However, we both agree that a large or small plot to murder Pat Garrett is a sperate issue.
25. Garrett named one of his sons Oscar Lohmann Garrett (1904-1951).
26. Chattel Mortages, Record Book 3, pages 228-229; Renewal of Chattel Mortgages, Record Book 1, pages 139, 156 and 170, Dona Ana County, New Mexico.
27. Garrett still owed the bank $1,000 from a note he had signed in July 1890. Case No.6557, Bernalillo County, New Mexico; Garrett owed DonaAna County six years back taxes. Rio Grande Republican (Las Cruces), August and September 1906.
28. W.W. Cox had married Margaret Rhode and Oliver Lee had married Winnie Rhode. Oliver Lee had once served as a Dona Ana County deputy sheriff and as a deputy U.S. marshal.
29. It is hard to believe that a man like Garrett did not know the type of men he was dealing with in this goat business. Money and goats must have blinded Pat’s good judgement.
30. James Madison Hervey, “The Assassination of Pat Garrett,” True West, March-April, 1961.
31. In July, 1991 Leon Metz led a NOLA field trip to the Garrett murder scene. That extended hike, in a New Mexico rain storm, earned him the honored nickname “Metz Mile” from my wife. One of the ideas we discussed that afternoon was the possible locations of any hidden ambush sites. In his book (Pat Garrett, The Story Of A Western Lawman, p 300) Metz takes issue with the whole killing from ambush idea.
32. H.B. Hening (Ed), George Curry, 1861-1947: An Autobiography, Albuquerque, N.M.: University of New Mexico Press, 1958.
33. Jandon R. Galusha had a long career as a New Mexico peace officer. He served as a Santa Fe railroad detective, deputy U.S. marshal, marshal of Albuquerque, and as a special Mounted Police.
34. Howard Bryan, “Off The Beaten Path,” Albuquerque Tribune, 01 March 1968.
35. Charles A. Siringo, A Lone Star Cowboy, Santa Fe, N.M.: private printing, 1919, p 165. This statement may be the basis for later writers to claim that Captain Fornoff believed Jim Miller killed Garrett. I don’t believe Siringo’s quotation because it is not what Captain Fornoff told Fred Lambert. Siringo and Fornoff had been friends and Charlie does mentions Fred in his 1912 autobiography, A Cowboy Detective, but Siringo was known to embellish a story to enhance his own reputation.
36. Jack Carter, “Some Facts About Wayne Brazel, from (an) old-timer who knew him,” Frontier Times, June-July 1972, pp 10-13,40.
37. All territorial records held in the Special Collections of the University of New Mexico library were transferred to the State of New Mexico Records Center and Archives in 1971. The NMRCA had been established in 1960 as a result of the Public Records Act of 1959.
38. In 1974 the Mounted Police records were microfilmed as part of the 189 roll collection of territorial records. The police files are contained on rolls 91, 92 and 93. The Mogollon trouble file and the Fountain murder case file are part of Roll 93.
39. Many writers, including my friend James A. Browning in his excellent book Violence Was No Stranger; A Guide to the Grave Sites of Famous Westerners (Barbed Wire Press, 1993), have mistakenly claimed that Mannie Clements rest in an unmarked grave in El Paso’s Concordia Cemetery. His site is well marked in Evergreen Cemetery.
40. Cox had loaned the $574.80 on 29 June 1907 backed by a one year note on the goats. On 15 May 1909 Cox lent Brazel an additional $300 for his legal fees at his murder trial. Both notes were due in 90 days with 10 percent interest. In 1913 Cox was forced to sue Brazel for $1,506 plus court costs to recover his two over due debts (Dona Ana County Civil Docket, Book 5, Case No.3387). Finally Cox dropped the case because Brazel could not be located.
41. El Paso Herald, Ol Dec 1908. The paper said that Mrs. Garrett sold the ranch to Cox. The truth is that Cox repossessed Garrett’s property for the past due mortgage.
42 A.B. Fall had played a large role in Pat Garrett’s appointment as sheriff of Dona Ana County in 1896. The El Paso Daily Herald, 07 June 1899.
43. Leon Metz believes that Wayne Brazel did murder Pat Garrett. “There were no conspiracies, no large amounts of money changing hands, no top guns taking up positions in the sandhills. It was simply a case of hate and fear erupting into murder along a lonely New Mexico back road” (Garrett, p 303)
44. The author sent Leon Metz a draft copy of this article and in his reply Metz wrote, “I suspect the work you have done on THE FORNOFF REPORT will be the last word on Garrett’s death. All the evidence now seems to be in except possibly for a video of the shooting, or perhaps an affidavit from God.” (04 Feb 1997) I don’t believe this is the last word on the death of Pat Garrett, but I do hope it does shed new light on the subject.
45. New Mexico’s governors had appointed 704 men as special non- salaried Mounted Police during these four years. Most of the men were named not as police officers, but were used as patrolmen along the Mexican border during the First World Wan The state’s National Guard had been called into federal service and New Mexico was left without military protection.

If you’re interested in the life and times of Pat Garrett, have a look at FriendsOfPatGarrett for some pics of the man, his ranch and his memorial on the spot where he was shot to death.

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